1) The company should have power to borrow – any object clause as contained in the Memorandum of Association of the company

2) The Board of Directors should pass a resolution for borrowing and to mortgage the property

3) Only authorized Director/person should execute the mortgage documents

.4) Charge on the immovable property of the company is registered with the Registrar of Companies by filing E Form No.8 with the Registrar of Companies within 30 days of creation of charge.

5) equitable mortgage can be created in favour of individual 

equitable mortgage can be created  by deposit of title deeds in favour of an individual 

Dear Client,

No such difference, any one can be mortgagee but if money given on interest than through valid lending Mortgage by conditional sale that on default of payment of the mortgage-money on a certain date the sale shall become absolute.

Yes the equitable mortgage can be created of the individual is registered money lender and had license for same.

See any person trust involved in money lending business and is registered then the mortgage can be created.

Mortgage by deposit of original title deeds will be applicable 

the individual or trust can accept such original title documents of the mortgaged property towards security for repayment of loan with a right to sell the property in case of default 

An equitable mortgage on an immovable property can be created by a written deed.

It is mostly created with banks and financial institutions being lenders but the said things are not mandatory. Individual should be registered money lender for advancing monies.

In an equitable mortgage, the owner has to transfer his title deed to the lender, thereby creating a charge on the property. The owner also orally confirms the intent of creating a charge on the property. An equitable mortgage is also known as an implied or constructive mortgage. No legal procedure is involved in an equitable mortgage, but it is considered mortgage in the interest of justice (under equity) . The borrower obtains money from the bank/lender with an agreement that his property, on which the equitable mortgage is created, will act as security for the loan.

The borrower has to submit his title deed to the lender as security for the money borrowed.

No formal, legal document is executed or registered in the records of the registrar, but it can be created at notified places. Stamp duty and charges are comparatively low, relative to a registered mortgage.

Equitable mortgage deed can be created.

An equitable mortgage in which the lender is secured by taking possession of all the original title documents of the property that serves as security for the mortgage. It gives the mortgagee the right to foreclose on the property, sell it, or appoint a receiver in case of nonpayment.

The biggest advantage of equitable mortgage is it doesn't attract stamp duty as it is an oral transaction. In certain states of India acts have been passed to register equitable mortgage to avoid fraudulent transactions.

In an equitable mortgage, the owner has to transfer his title deed to the lender, thereby creating a charge on the property. The owner also orally confirms the intent of creating a charge on the property. An equitable mortgage is also known as an implied or constructive mortgage. No legal procedure is involved in an equitable mortgage, but it is considered mortgage in the interest of justice (under equity). The borrower obtains money from the bank/lender with an agreement that his property, on which the equitable mortgage is created, will act as security for the loan.

The borrower has to submit his title deed to the lender as security for the money borrowed.

No formal, legal document is executed or registered in the records of the registrar, but it can be created at notified places. Stamp duty and charges are comparatively low, relative to a registered mortgage.