Section 89B in The Registration (Gujarat Amendment) Act, 2018
89B. Notice to be sent to Registering Officers by mortgag or in case of mortgage by depositing title deeds and provisions for compersatior in favour of
subsequent transferee.(1)Every person who has mortgaged immovable property by way of mortgage by depositing title deeds under clause (f) of section 58 of the Transfer of Property Act, 1882 shatl, within 30 days from the date of mo(gaged, file a notice of intimation of his having so mortgaged the property giving details of his name and address, nu." -d' address of mortgagee, date of mortgage, amount received under the mortgage, rate of interest payable, list of documents deposited, and description ofthe immovable property in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any Part of - the property is situated, and the said officer shall file the same in his Book No I :Provided that if the propqrty so mortgaged falls within the jurisdiction of more than one registering offrcer, the procedure specified in this sub-section shall be followed in respect of property within the jurisdiction of each of such officers.(2)If, the person who has mortgaged the property as aforesaid fails to file a notice within 30 days as referred to in sub-section (1) before the registering officer or oflicers, as the case may be and enters into any transaction in relation to of affecting the immovable property which is subject matter of the mortgage, with a third party, such a transaction shall be void and the third party shall be entitled to refund any amount paid by him together with interest at twelve per cent.from the date of payment and also to compensation for any damages suffered by him, from the transferor.(3)The amount recoverable by such transferee as specified in sub-section (2) shall be a charge on the interest of the mortgagor, in the mortgaged property:Provided that, nothing in this section shall apply to the instruments of agreement relating to mortgage by deposit of title deeds which are duly registered under the provisions of this Act.
