Mortgage Deed Template and How to Draft One (2026)

What is a mortgage deed, and when do you need one? A mortgage deed is the written instrument by which an owner of immovable property (the mortgagor) transfers an interest in that property to a lender (the mortgagee) as security for a debt. In India it is defined and governed by the Transfer of Property Act, 1882, which sets out several kinds of mortgage, from a simple mortgage to a mortgage by deposit of title deeds. You need a mortgage deed whenever a loan is to be secured against immovable property and you want that security to be clear, enforceable and on the public record, because the deed is what gives the lender a right against the property and tells the borrower exactly what they can get back on repayment. The type of mortgage matters because it decides how the lender can enforce the security. A simple mortgage lets the lender sue for the money and have the property sold through the court; a mortgage by deposit of title deeds (an equitable mortgage) is created by handing over title documents and needs less formality; an English mortgage transfers the property outright subject to a right of return on repayment. Pick the type deliberately, because it shapes everything that follows. Below is a template for a simple mortgage deed you can copy and adapt, followed by guidance on how to fill each field. This is general information, not legal advice. A mortgage deed is a serious security document, so have the final version reviewed and ensure it is properly stamped and registered. ## Simple mortgage deed template ```

MORTGAGE DEED (SIMPLE MORTGAGE) This Deed is made on [DATE] BETWEEN: [MORTGAGOR], son/daughter of [NAME], resident of [ADDRESS] ("Mortgagor") AND [MORTGAGEE / LENDER], of [ADDRESS] ("Mortgagee") 1. RECITAL OF THE LOAN The Mortgagee has advanced / agrees to advance to the Mortgagor a sum of [AMOUNT] ("the Loan") on the terms below. 2. THE MORTGAGED PROPERTY The Mortgagor owns the immovable property described in the Schedule below ("the Property") and has clear and marketable title to it. 3. CREATION OF THE MORTGAGE In consideration of the Loan, the Mortgagor mortgages the Property to the Mortgagee by way of a SIMPLE MORTGAGE under the Transfer of Property Act, 1882, as security for repayment of the Loan with interest. 4. AMOUNT, INTEREST AND REPAYMENT Principal: [AMOUNT]. Interest: [RATE] per annum [fixed / floating basis]. Repayment: [schedule / EMI / bullet], ending on [DATE]. 5. MORTGAGOR'S COVENANTS 5.1 To repay the Loan with interest as agreed. 5.2 To pay all taxes, rates and dues on the Property. 5.3 To keep the Property insured and in good condition. 5.4 Not to create any further charge, lease or transfer over the Property without the Mortgagee's written consent. 6. MORTGAGEE'S RIGHTS ON DEFAULT On default, the Mortgagee is entitled to recover the Loan and to cause the Property to be sold through due process of law, and to apply the proceeds to the amounts due, in accordance with the Act. 7. RIGHT OF REDEMPTION On repayment of all amounts due, the Mortgagor is entitled to a discharge of this mortgage and the return of any documents of title. Nothing in this Deed shall clog or fetter that right of redemption. 8. REGISTRATION, STAMP DUTY AND COSTS This Deed shall be stamped and registered as required by law. The costs of stamping and registration are borne by [PARTY]. 9. GOVERNING LAW AND JURISDICTION Governing law: India. Courts at [PLACE] have jurisdiction. SCHEDULE OF PROPERTY [Full description: survey / plot no., area, boundaries, address.] SIGNED AND DELIVERED Mortgagor: ____________ Mortgagee: ____________ Witness 1: ____________ Witness 2: ____________