Key Highlights
- Registered Mortgages require deed execution and legal registration, providing strong enforceability, public visibility, lender priority, and suitability for large loans, but they involve higher costs, longer timelines, and heavy paperwork.
- Equitable Mortgage is created by depositing original title deeds, enabling faster loan access at much lower cost while retaining ownership, flexibility, and confidentiality.
- Registered mortgages offer superior legal certainty and fraud protection; equitable mortgages rely primarily on possession of the documents and court validation.
When taking a home loan or securing business financing against property in India, borrowers encounter two commonly used legal structures: the Registered Mortgage and the Equitable Mortgage. Though both enable lenders to accept property as collateral, they differ significantly in terms of documentation, registration requirements, costs, transparency, and enforceability under the law. Many borrowers remain unaware of how these distinctions can affect ownership rights, future sales, and dispute resolution. Let’s discuss a registered mortgage vs an equitable mortgage.
What is a Registered Mortgage?
A registered mortgage is different from an equitable mortgage because it requires mandatory registration with the Sub-Registrar under the Registration Act, 1908. In this process, you sign a formal deed that transfers an interest in your property to the lender until the loan is repaid. This deed is then recorded in government records, making the lender’s claim public and enforceable. Imagine you want to buy a house worth ₹50 lakh. You approach a bank for a loan of ₹40 lakh. The bank agrees but asks you to register the mortgage.You go to the Sub-Registrar’s office and sign a mortgage deed stating that your house is collateral. This deed has been registered, and the bank’s interest in your property is now legally recorded.
If you repay the loan on time, the mortgage is cancelled, and the property remains fully yours. But if you default, the bank has the legal right to auction your house and recover the outstanding loan. In this way, a registered mortgage ensures that both you and the lender are protected: your loan is secured, and the lender has enforceable rights over the property until repayment.
Advantages of Registered Mortgage
Here are some key perks of a registered mortgage:Legal Enforceability in Court
A registered mortgage creates a legally recognised charge over the property, enforceable under the Transfer of Property Act, 1882. Unlike oral agreements or unregistered deeds, registration ensures admissibility in court proceedings. In the event of default, the lender can initiate recovery through mortgage suits without encountering evidentiary challenges.Priority of Claim
Registration secures the lender’s priority over unsecured creditors and subsequent claimants. If the borrower becomes insolvent, the registered mortgagee enjoys precedence in recovering dues from the mortgaged property.Larger Loan Amounts
Financial institutions prefer registered mortgages over equitable mortgages when sanctioning higher-value loans. Since registration provides stronger legal protection, banks are willing to extend larger credit facilities against such security.Secondary Market Transactions
Registered mortgages are easier to securitise or transfer to other financial institutions. Since the mortgage is recorded in official registers, lenders can assign or sell their rights without facing challenges over authenticity.Prevents Fraudulent Dealings
Registration prevents borrowers from secretly selling or re-mortgaging the property without disclosure. Any attempt to transfer the property will reveal the registered encumbrance, protecting lenders from fraudulent disposals.Also Read: What is Mortgage Loan? - Meaning, Types & Required Documents
Drawbacks of Registered Mortgage
Here are some of the drawbacks of a registered mortgage:Time Consuming
Registered mortgages involve extensive paperwork, verification of property documents, and mandatory registration with government authorities. This process can take several days or even weeks, delaying loan disbursement. For borrowers in need of urgent liquidity, procedural delays can be a major drawback.Public Disclosure
Once registered, the mortgage becomes part of the public records accessible through the registrar’s office. This transparency, while beneficial for lenders, can expose borrowers’ financial commitments to competitors, business partners, or even family members. Such disclosure may affect negotiations in property transactions or business dealings, as the encumbrance is visible to all.Reduced Flexibility
Registered mortgages are rigid in terms of documentation and legal compliance. Any modification in loan terms, such as restructuring repayment schedules or altering collateral, requires additional registration and legal procedures.Higher Legal Risks
Errors in drafting or registering the mortgage deed, such as incorrect property descriptions or miscalculated stamp duty, can lead to disputes or even render the mortgage unenforceable. Rectifying such mistakes requires fresh registration, additional costs, and legal intervention.Administrative Burden
Borrowers must coordinate with multiple stakeholders, such as lawyers, government officials, and lenders, to complete the registration process. This administrative burden can be overwhelming, particularly for individuals unfamiliar with property law or government procedures.What is an Equitable Mortgage
In an equitable mortgage, you don’t transfer ownership of your property to the lender. Instead, you hand over the original title deed as collateral. The lender holds the deed until you repay the loan. If you default, the lender can approach the court to sell the property and recover dues.This method is often quicker and less expensive compared to a registered mortgage, since it avoids stamp duty and registration charges. However, it is enforceable only in certain jurisdictions.
Imagine you own a house in Lucknow worth ₹80 lakhs. You need ₹20 lakhs urgently for your business. Instead of going through the lengthy process of creating a registered mortgage, you approach a bank.
The bank agrees to lend you ₹20 lakhs if you deposit your house’s original title deed with them. You hand over the deed, and the bank disburses the loan. No formal transfer of ownership happens; you still live in your house and retain all rights.
Now, suppose you repay the loan on time. The bank returns your title deed, and the mortgage ends. But if you fail to repay, the bank can file a lawsuit, obtain a court order to auction your house, and recover the loan amount.
Thus, you use your property’s value as security without losing possession, making an equitable mortgage a flexible financing option.
Benefits of Equitable Mortgage
Here are some advantages of an equitable mortgage:1. Lower Transaction Costs
An equitable mortgage is created by simply depositing the property’s title deeds with the lender. This eliminates stamp duty and registration charges. For borrowers, this translates into substantial cost savings, especially when dealing with high-value properties. The absence of elaborate documentation also reduces legal expenses and administrative delays.2. Faster Loan Sanction
Because equitable mortgages bypass the lengthy registration process, lenders can sanction and disburse loans much faster compared to registered mortgages. This speed is crucial for borrowers who require urgent liquidity, such as businesses managing working capital or individuals funding time-sensitive property transactions.3. Retention of Ownership Rights
Equitable mortgages allow borrowers to retain complete ownership and possession of the property. The lender’s interest is limited to holding the title deeds as collateral. This ensures that borrowers can continue to use, occupy, or even lease the property during the loan tenure.4. Flexibility in Loan Structuring
Equitable mortgages offer lenders and borrowers greater flexibility in structuring loan terms. Since the arrangement is based on the deposit of title deeds rather than rigid statutory requirements, banks can tailor repayment schedules, interest rates, and loan amounts to suit the borrower’s financial profile. This adaptability is particularly beneficial for entrepreneurs and small businesses that may require customised repayment options aligned with seasonal cash flows.5. Confidentiality
Equitable mortgages are not compulsorily registered, which ensures the confidentiality of the borrower’s financial arrangements. This reduced public disclosure is advantageous for businesses that prefer to keep their financing strategies private, especially in competitive industries. It also protects individuals from unnecessary scrutiny of their borrowing activities.Disadvantages of Equitable Mortgage
Here are some drawbacks associated with an equitable mortgage:Multiple Loans
Fraudsters can exploit the title deed by pledging the same property with multiple banks, as there is no centralised registry to track such pledges. This creates disputes when different lenders claim rights over the same property, leaving genuine buyers or subsequent lenders exposed to litigation.Title Deed Defects
If the borrower submits forged, outdated, or defective documents, the lender’s security becomes invalid. Since lenders often rely on physical verification rather than a registered record, they may discover defects only during enforcement.Regional Restrictions
Equitable mortgages can only be created in specific notified towns under the law. Borrowers outside these jurisdictions must travel to designated locations to deposit title deeds, which adds logistical complexity. This restriction limits borrowers' access in smaller towns and rural areas, making the process less convenient.Builder Level Misuse
In real estate projects, builders often pledge entire properties to raise funds through equitable mortgages. Buyers who later purchase flats in such projects may face difficulties registering their units if the builder defaults. Banks holding the equitable mortgage may refuse to release the property until the dues are cleared, leaving buyers trapped.Collateral Misplacement
Since equitable mortgages involve the physical delivery of title deeds, there is a risk of misplacement, damage, or unauthorised access to these critical documents. If deeds are lost, borrowers face difficulties proving ownership, while lenders struggle to enforce their security.Also Read: Mortgage Loans: Meaning, Benefits & Types Explained
Difference Between Registered Mortgage and Equitable Mortgage
Here are the key distinctions between an equitable mortgage vs registered mortgage:
| Basis | Registered Mortgage | Equitable Mortgage |
| Meaning | A mortgage where ownership interest is legally transferred to the lender by registering the charge with the Sub-Registrar. | A mortgage is created by depositing the original property documents with the lender, without registering any title transfer. |
| Legal Provision | Governed by the Transfer of Property Act and Registration Act, requiring mandatory registration. | Governed under Section 58(f) of the Transfer of Property Act, registration is not compulsory. |
| Creation Process | Created through the execution and registration of a mortgage deed, involving detailed documentation. | Created by handing over original title deeds with the intent to create security. |
| Registration Requirement | Mandatory registration with local property authorities. | Registration of the mortgage itself is not mandatory; only a memorandum may be recorded. |
| Stamp Duty | Higher stamp duty and registration charges apply. | Lower stamp duty as no full deed registration is required. |
| Processing Time | Takes more time due to formal verification and registration processes. | Faster to execute, since it involves only document deposit. |
| Legal Strength | Strong legal standing as the charge is officially recorded. | Weaker compared to registered mortgages because there is no public record of the lien. |
| Risk to Lender | Lower risk because legal rights are formally registered and enforceable. | Higher risk since enforcement relies largely on possession of documents. |
| Property Sale Impact | Property cannot be sold or transferred without the lender’s consent due to a registered lien. | Property sale is more difficult, but technically possible if the borrower retrieves documents fraudulently or uses duplicates. |
| Common Use | Preferred for large loans or high-value commercial properties requiring strong legal protection. | Commonly used for home loans and smaller property loans where quick processing and lower costs are preferred. |
Other Types of Mortgage
Apart from the two mortgages mentioned above, here are some other mortgages you should be aware of.Fixed-Rate Mortgage
A fixed-rate mortgage is a loan in which the interest rate remains constant throughout the term, ensuring predictable monthly instalments. Borrowers benefit from stability, particularly during periods of rising market rates, as their repayment obligations do not fluctuate. These loans are often structured for long durations, such as 15 or 30 years, making them suitable for individuals seeking financial certainty.Variable-Rate Mortgage
A variable-rate mortgage, also known as an adjustable-rate mortgage, links its interest rate to a benchmark such as LIBOR or a central bank policy rate. The borrower’s instalments change periodically in response to market movements. These loans often start with lower rates than fixed-rate mortgages, making them initially attractive.However, they carry the risk of rising repayments if interest rates increase. Some structures offer fixed payments in which the interest-principal ratio shifts, while others adjust both the payment size and the allocation. This type suits borrowers expecting falling rates or those with flexible income streams who can absorb fluctuations.
Interest-Only Mortgage
An interest-only mortgage allows borrowers to pay only the interest component for an initial period, typically 5–10 years. During this phase, the principal remains untouched, resulting in lower monthly payments. Once the interest-only period ends, borrowers must begin repaying the principal, often leading to significantly higher instalments.This structure is useful for individuals anticipating higher future income or planning to sell the property before the principal repayment phase begins. While it offers short-term affordability, the long-term risk lies in ballooning payments and slower equity build-up in the property.
Reverse Mortgage
A reverse mortgage is designed for senior citizens who own a self-occupied residential property. Instead of making payments to the lender, homeowners receive regular payouts based on the value of their home. The loan provides a steady income stream during retirement while allowing continued residence in the property.Eligibility typically requires the borrower to be over 60 years of age, with the property fully owned and not used commercially. Repayment occurs when the borrower passes away or sells the property, at which point the lender recovers the outstanding balance from the proceeds of the sale.
Balloon Mortgage
A balloon mortgage offers low monthly payments for a fixed period, often covering only interest or partial principal. At the end of the term, the borrower must make a large lump-sum payment, known as the balloon payment, to clear the outstanding balance.This structure is appealing to those expecting significant future cash inflows, such as business owners or investors. While it reduces short-term financial burden, the final payment can be substantial and risky if future income does not materialise.
Conclusion
Choosing between a registered mortgage and an equitable mortgage depends on the balance you seek between legal certainty and convenience. A registered mortgage offers maximum security, transparency, and enforceability, making it ideal for large or high-risk loans where lender protection is critical, despite the higher costs and longer processing time. An equitable mortgage, on the other hand, offers speed, privacy, flexibility, and cost savings, making it suitable for smaller or urgent financing needs. However, it carries comparatively higher legal and documentation risks. Understanding how each structure affects ownership rights, recovery processes, and potential disputes empowers borrowers to align their financing choice with their property value, loan size, urgency, and long-term risk tolerance, enabling truly informed decision-making.Also Read: Mortgage Deeds: Meaning, Types, And Key Elements
FAQS – FREQUENTLY ASKED QUESTIONS
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What is a Registered Mortgage?
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What is an Equitable Mortgage?
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How does legal strength differ between the two?
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Which option offers faster loan processing?
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Which mortgage carries lower costs?
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Is property registration mandatory for both?
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Which mortgage provides better lender security?
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Are both legally recognised in India?
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Which mortgage is preferred for large loan amounts?
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Can ownership be transferred during the mortgage period?
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You agree that Facilities Provider / ABC Companies has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any other ABC Companies and/or third parties.
Third party websites
This Website may be linked to other websites (including those of ABC Companies) on the World Wide Web that are not under the control of or maintained by ABCL. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, facilities and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any facilities and/or products available through any of these websites are suitable for your purposes. The Facilities Provider or ABCL is not responsible for the owners or operators of these websites or for any goods or facilities they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).
USE of APP
In case any facilities/services, access/dissemination of information or execution of transaction is done through use of any APP related to ABC Companies, the additional terms and conditions governing the Use of APP shall be applicable and to be read along these Terms of Use.
Postings and monitoring
The Facilities Provider or ABCL or ABC Companies does not routinely monitor your postings to the Website but reserves the right to do so if deemed necessary if it is related to the facilities offered on the web site and to comply with law. However, in our efforts to promote good citizenship within the internet community, if the Facilities Provider or ABCL or ABC Companies becomes aware of inappropriate use of the Website or any of its facilities, any information, opinions, advice or offers posted by any person or entity logged in to the Website or any of its associated sites is to be construed as public conversation only, and the Facilities Provider or ABC Companies shall not be liable or responsible for such public conversation. You agree that in such cases, we will respond in any way that, in our sole discretion, as deemed appropriate. You acknowledge that Facilities Provider or ABC Companies will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, ABC Companies/Facilities Provider will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
Submissions and unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Facilities Provider, ABCL / ABC Companies and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
We reserve the right to terminate access to this Website at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed Materials.
If you come across any breaches/violation or offensive material you must report to us at abc.secretarial@adityabirla.com
Use of Cookies
You agree and understand that the Website will automatically receive and collect certain anonymous information in standard usage logs through the Web server, including computer/computer resource-identification information obtained from "cookies" sent to your browser from a web server or other means as explained in the Privacy Policy.
Facilities Changes and Discontinuation
The Website reserves the right to discontinue or suspend, temporarily or permanently, the facilities. You agree that the Facilities Provider/ ABC Companies will not be liable to you in any manner whatsoever for any modification or discontinuance of the facilities. The format and content of this Website may change at any time. We may suspend the operation of this Website for support or maintenance work, in order to update the content or for any other reason.
ABCL, ABC Companies, and its directors, employees, associates, or other representatives shall not be liable for any damages or injury, arising out of or in connection with the use, or non-use including non-availability of the Website and also for any consequential loss or any damages caused because of non-performance of the system due to a computer virus, system failure, corruption of data, delay in operation or transmission, communication line failure, or any other reason whatsoever. The Website will not be responsible for any liability arising out of delay in providing any information on the Website.
Compliance with the Law
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programme, algorithm or methodology to access, acquire, copy or monitor the Website, or any portion of the Website.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines generally available by third party web browsers
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Website or the facilities.
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software, comprising or in any way making up a part of the Website or the facilities.
- You agree not to use the facilities for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
Restrictions on Commercial Use or Resale
Your right to use the facilities is personal to you; therefore, you agree not to resell or make any commercial use of the facilities. In addition, the Website welcomes your feedback as a user of the facilities. Any feedback you provide will become the confidential and proprietary information of the Website, and you agree that the Website may use in any manner and without limitation, all comments, suggestions, complaints, and other feedback you provide relating to the Website. The Website shall have a worldwide, royalty-free, non-exclusive, perpetual, and irrevocable right to use feedback for any purpose, including but not limited to incorporation of such feedback into the Website or other Website software or facilities.
No Endorsements
All product and facilities marks contained on or associated with the facilities that are not the Website marks are the trademarks of their respective owners. The Website would require you to respect the same. References to any such names, marks, products or facilities of third parties or hypertext links to third party sites or information does not imply the Website’s endorsement, sponsorship or recommendation of the third party, information, product or facilities.
Promotional Offers
You may receive from time to time, announcement about offers with intent to promote this Website and/or facilities/products of ABC Companies (“Promotional Offers”). The Promotional Offer(s) would always be governed by these Terms of Use plus certain additional terms and conditions, if any prescribed. The said additional terms and conditions, if prescribed, would be specific to the corresponding Promotional Offer only and shall prevail over these Terms of Use, to the extent they may be in conflict with these Terms of Use. The Website reserves the right to withdraw, discontinue, modify, extend and suspend the Promotional Offer(s) and the terms governing it, at its sole discretion.
Charges for use of Website
There are no charges or fees to be paid by you for use of this Website. However, you are responsible for all telephone access fees and/or internet service fees that may be assessed by your telephone and/or internet service provider. You further agree to pay additional charges, if any levied by Third Party Service Provider(s), for the facilities provided by them through the Website (Additional Charges).
No Endorsement
You are advised to be cautious when browsing on the internet and to use good judgment and discretion when obtaining information or transmitting information. From this Website, users may visit or be directed to third party web sites. The Website makes no effort to review the content of these web sites, nor is the Website or its licensors responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites.
In addition, the Website does not endorse or control the content of any other user and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that it infringes or may infringe upon the intellectual property or other rights of another. You acknowledge that the Website does not pre-screen content, but that the Website will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is available via the facilities.
Electronic Communications
These Terms of Use and any notices or other communications regarding the Facilities may be provided to you electronically, and you agree to receive communications from the Website in electronic form. Electronic communications may be posted on the Website and/or delivered to your registered email address, mobile phones etc either by Facilities Provider or ABC Companies with whom the services are availed. All communications in electronic format will be considered to be in "writing". Your consent to receive communications electronically is valid until you revoke your consent by notifying of your decision to do so. If you revoke your consent to receive communications electronically, the Facilities Provider shall have the right to terminate the facilities.
Assignment
You shall not assign your rights and obligations under this Agreement to any other party. The Website may assign or delegate its rights and/or obligations under this Agreement to any other party in future, directly or indirectly, or to an affiliated or group company.
Legal Disclaimers
The information provided on or through the Website is for general guidance and information purposes only and they do not in any manner indicate any assurance or opinion of any manner whatsoever. Any information may be prone to shortcomings, defects or inaccuracies due to technical reasons. Certain information on Website may be on the basis of our own appraisal of the applicable facts, law and regulations in force at the date hereof.
The information (and opinions, if any) contained on the Website may have been obtained from public sources believed to be reliable and numerous factors may affect the information provided, which may or may not have been taken into account. The information provided may therefore vary (significantly) from information obtained from other sources or other market participants. Any reference to past performance in the information should not be taken as an indication of future performance. The information is dependent on various assumptions, individual preferences and other factors and thus, results or analyses cannot be construed to be entirely accurate and may not be suitable for all categories of users. Hence, they should not be solely relied on when making investment decisions. Your investment or financial decision shall always be at your own discretion and based on your independent research; and nothing contained on the Website or in any information would construe ABCL/ABC Companies or any of its employees/authorized representative as having been in any way involved in your decision making process. Any information and commentaries provided on the Website are not meant to be an endorsement or offering of any stock or investment advice.
Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Facilities Provider / ABCL/ABC Companies makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Information on this Website sourced from experts or third party service providers, which may also include reference to any ABCL Affiliate. However, any such information shall not be construed to represent that they belong or represent or are endorsed by the views of the Facilities Provider or ABC Companies. Any information provided or sourced from ABCL Affiliate belongs to them. ABCL is an independent entity and such information from any ABCL Affiliate are not in any manner intended or to be construed as being endorsed by ABCL or Facilities Provider. The information does not constitute investment or financial advice or advice to buy or sell, or to endorse or solicitation to buy or sell any securities or other financial instrument for any reason whatsoever. Nothing on the Website or information is intended to constitute legal, tax or investment advice, or an opinion regarding the appropriateness of any investment or a solicitation of any type. Investment in the securities market and any financial instruments are inherently risky and you shall always assume complete and full responsibility for the outcomes of all the financial or investment decisions that you make, including but not limited to loss of capital. You are therefore advised to obtain your own applicable legal, accounting, tax or other professional advice or facilities before taking or considering an investment or financial decision.
No Solicitation
No Information at this Website shall constitute an invitation to invest in ABCL or any ABC Companies. These are meant for general information only or to meet statutory requirements or disclosures. ABCL or any of its employees are in no way liable for the use of the information by you, when making any decision or investing or trading through any investment vehicles or ABC Companies, or any other third party which may be engaged in offering of these services.
The information contained on this Website does not represent and should not be used to construe (i) the terms on which a new transaction would be entered into by ABCL or ABC Companies, (ii) the terms on which any existing transactions could be unwound by ABCL or ABC Companies, (iii) the calculation or estimate of an amount that would be payable following an early termination of any past/existing transactions or (iv) the valuations given to any transactions by ABCL or ABC Companies in their books of account for financial reporting, credit or risk management purposes.
Statutory Disclosure
ABCL and ABC Companies are engaged in a broad spectrum of activities in the financial services sectors. You understand and acknowledge that Aditya Birla Money Limited (‘ABML’), Aditya Birla Finance Limited (‘ABFL’) and Aditya Birla Sun Life Asset Management Company Limited and trustees and sponsor of Aditya Birla Sun Life Mutual Fund (‘ABSLMF’) are group companies and ABML / ABFL also acts as a distributor of ABSLMF. Any recommendation or reference of schemes of ABSLMF if any made or referred on the Website, the same is based on the standard evaluation and selection process, which would apply uniformly for all mutual fund schemes. You are free to choose the execution facilities in the manner deemed fit and proper and no commission will be paid by ABSLMF to ABML / ABFL if you choose to execute a transaction with ABSLMF on the Website, unless otherwise agreed by you and ABML/ABFL separately. Information about ABML/ABFL, its businesses and the details of commission structure receivable from asset management companies to ABML/ABFL, are also available on their respective Website.
Similarly Aditya Birla Money Insurance Advisory Services Limited and Aditya Birla Insurance Brokers Limited are insurance intermediaries and engaged in the distribution of Insurance Products and it may services may include products of Aditya Birla Sun Life Insurance Company Limited and Aditya Birla Health Insurance Company Limited. However there is no conflict on these services and commissions if any payable are in accordance of the extant regulations.
Force Majeure
The Facilities Provider, ABC Companies and any of its Third Party Service Providers shall not be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, virus, other malicious computer code, hacking, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, earthquake, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Indemnification
You agree to protect and fully compensate Facilities Provider, ABCL, ABC Companies, subsidiaries, licensors, suppliers and facilities providers, employees, officers and directors, from any and all third party claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys fees) caused by or arising from your use of the facilities, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
No Waiver
The Facilities Provider, ABC Companies or any of its third party service providers and processor bank/merchants etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of Facilities Providers and ABC Companies, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Exclusive Agreement
You agree that these Terms of Use are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and the Facilities Provider and its Third Party Service Providers or processor bank/merchants relating to the subject matter of these Terms of Use. These Terms of Use, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Website and/or the processor bank.
Termination
Either party can terminate this Agreement by notifying the other party in writing. Upon such termination You will not be able to use the facilities of this Website.
Governing Law and Jurisdiction
The Website specifically prohibits you from usage of any of its facilities in any countries or jurisdictions that do not corroborate to all stipulations of these Terms of Use. The Website is specifically for users in the territory of India. In case of any dispute, either judicial or quasi-judicial, the same will be subject to the laws of India, with the courts in Mumbai having exclusive jurisdiction.
These Terms and Conditions are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.
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