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Home Bare Acts Phrase: mortgageeTransfer of Property Act, 1882 Section 58
Title: Mortgage, Mortgagor, Mortgagee, Mortgage-money and Mortgage-deed Defined
State: Central
Year: 1882
.....by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.] ________________________ 1. Inserted by Act 20 of 1929, Section 19. 2. Substituted by Act 20 Section 19, for "and to appropriate them". 3. Substituted by Act 20 1929 Section 19, for "and". 4. Added by Act 20 of 1929, Section 19. 5. Substituted by the A.O. 1948, for "Bombay and Karachi". The word "and" had been Inserted by the A.O. 1937. 6. The words " Rangoon, Moulmein, Bassein and Akyab" omitted by the A.O. 1937. 7. For notifications relating to the towns of-Ahmedabad, see Gazette of India, 1935, Pt. I, p. 936, Bandra, Kurla and Ghatkoper Kirol, see Gazette of India, 1924, Pt. I, p.1064,Cawnpore, Allahabad and Lucknow, see Gazette of India, 1938, Pt. I, p.158. Coimbatore, Madura, Cocanada and Cochin, see Gazette of India, 1935, Pt. I, p. 526. 8. The words "Governor General in Council." successively amended by the A.O. 1937 and the A.O. 1950 to read as above.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 72
Title: Rights of Mortgagee in Possession
State: Central
Year: 1882
.....two-thirds of the amount that would be required in case of total destruction to reinstate the property insured. Nothing in this section shall be deemed to authorize the mortgagee to insure when an insurance of the property is kept up by or on behalf of the mortgagor to the amount in which the mortgagee is hereby authorized to insure. ________________________ 1. Substituted by Act 20 of 1929, Section 37, for "When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property, he". 2. Clause (a) omitted by Act 1929, Section 37. 3. Substituted by Act 20 of 1929, Section 37, for "its preservation". 4. Inserted by Act 20 of 1929, Section 37. 5. Substituted by Act 20 of 1929, Section 37, for certain original words.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 51
Title: Rights of Mortgagee
State: Central
Year: 1958
.....in the High Court, and when passing a decree or thereafter the High Court may direct that the mortgaged ship or share be sold in execution of the decree. (3) Every registered mortgagee of a ship or share who intends to recover the amount due under the mortgage by selling the mortgaged ship or share under sub-section (1) shall give an advance notice of fifteen days relating to such sale to the registrar of the ship's port of registry. (4) The notice under sub-section (3) shall be accompanied with the proof of payment of the wages and other amounts referred to in clause (a) of sub-section (2A) of section 42.] ___________________________ 1. Substituted by Merchant Shipping (Amendment) Act (68 of 1993), Section 5 (w.r.e.f. 27-10-93).
View Complete Act List Judgments citing this sectionHindu Religious Institutions and Charitable Endowments Act, 1997 Section 55
Title: Power of Eviction of Lessee, Licensee or Mortgagee with Possession in Certain Cases
State: Karnataka
Year: 1997
.....or mortgagee, the Assistant Commissioner may, if he decides that the artistic appearance, aesthetic beauty or the religious character has been marred or is likely to be marred by the action of the lessee, licence or mortgagee, by order terminate the lease or licence or mortgage and direct delivery of possession of the property to the Chairman, Manager or Executive Officer or other person managing the affairs of the Institution before a date to be specified in the order. (3) Where before the date specified in the order under sub-section (2), the lessee, licensee or mortgagee has not delivered the provision of the property the Assistant Commissioner may take steps to recover and restore the property to the Institution under the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 76
Title: Liabilities of Mortgagee in Possession
State: Central
Year: 1882
.....the date of the tender or from the earliest time when he could take such amount out of court, as the case may be 1 [and shall not be entitled to deduct any amount therefrom on account of any expenses incurred after such date or time in connection with the mortgaged property]. Loss occasioned by his default.-If the mortgagee fails to perform any of the duties imposed upon him by this section, he may, when accounts are taken in pursuance of a decree made under this Chapter, be debited with the loss, if any, occasioned by such failure. ________________________ 1. Inserted by Act 20 of 1929, Section 40. 2. The words " on the mortgage-money" omitted by Act 20 of 1929, Section 40. 3. The word "gross" omitted by Act 20 of 1929, Section 40.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 94
Title: Right of Mesne Mortgagee
State: Central
Year: 1882
Where a property is mortgaged for successive to successive mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as he has against the mortgagor.
View Complete Act List Judgments citing this sectionKarnataka Land Reforms Act, 1961 Section 70
Title: Reversion and Vesting of Land Surrendered by Usufructuary Mortgagee
State: Karnataka
Year: 1961
.....(1) shall be liable to pay the mortgage money due to the usufructuary mortgagee in respect of that land and the said land shall be the security for such payment. (3) In cases where possession of the land surrendered by an usufructuary mortgagee does not revert to the mortgagor2[for the reason that the mortgagor is himself liable under section 67 to surrender the land held by him], the State Government may take over such land on the publication of the notification under section 73 and such land thereupon shall vest in the State Government free from all encumbrances. _______________________________ 1. Inserted by Act 1 of 1974 w.e.f. 1.3.1974. 2. Substituted by Act 1 of 1974 w.e.f. 1.3.1974.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 59A
Title: References to Mortgagors and Mortgagees to Include Persons Deriving Title from Them
State: Central
Year: 1882
1 [59A. References to mortgagors and mortgagees toinclude persons deriving title from them Unless otherwise expresslyprovided, references in this Chapter to mortgagors and mortgagees shall bedeemed to include references to persons deriving title from them respectively.] _______________________ 1. Inserted by Act20 of 1929, section 21.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 67A
Title: Mortgagee when Bound to Bring One Suit on Several Mortgages
State: Central
Year: 1882
1 [67A. Mortgagee when bound to bring one suit on severalmortgages A mortgagee who holds two or moremortgages executed by the same mortgagor in respect of each of which he has aright to obtain the same kind of decree under section 67, and who sues to obtainsuch decree on any one of the mortgages, shall, in the absence of a contract tothe contrary, be bound to sue on all the mortgages in respect of which themortgage-money has become due.] ________________________ 1. Inserted by Act20 of 1929, Section 32.
View Complete Act List Judgments citing this sectionMerchant Shipping Act, 1958 Section 50
Title: Mortgagee Not Deemed to Be Owner
State: Central
Year: 1958
Except in so far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not, by reason of his mortgage, be deemed to be the owner of the 'ship or share, nor shall the mortgagor be deemed to have ceased to be owner thereof.
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