
A Motgage is the transfer of an interest in specific immovable proporty for the purpose of securing the payment of money advanced or to formance of an engagement which may give rise to a pecuniary liability. The transferor is called the “mortgagor”, the transferee, the “mortgagee”, the principal money and interest of which payment is secured for the time being are called the “mortgage money” and the instrument (if any) by which the transfer is effected is called the “mortgage deed”.
Mortgages are advances against immovable properties and the latter includes land, benefits that arise out of land and things attached to the earth like buildings and fixed machinery. Machinery which is not permanently attached to the earth and which can be shifted from one place to another is not an immovable property. The poperty in which the interest is sought to be transferred must be specific i.e. the property must be capable of identication by description such as by location , area, boundaries, etc.
Mortgages, however, have a value when taken as an additional security to cover an already existing loan which is weak or to further secure an advance granted on hypothecation basis. The significance and importance of morgage loans have gone up in recent years in view of the increasing emphasis being laid on industrial finance whereby banks are taking mortgages of fixed assets such as land, building, machinery, equipments, etc., for the term advances made by them to industrial concerns. These are various forms of mortgages recognised by law.
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