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Start Free TrialTransfer 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 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 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.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Chapter IV
Title: Of Mortgages of Immovable Property and Charges
State: Central
Year: 1882
.....times, at his request and at his own cost, and on payment of the mortgagee's costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.] Section 61 - Right to redeem separately or simultaneously 1 [61. Right to redeem separately or simultaneously A mortgagor who has executed two ormore mortgages in favour of the same mortgagee shall, in the absence of acontract to the contrary, when the principal money of any two or more of themortgages has become due, be entitled to redeem any one such mortgageseparately, or any two or more of such mortgages together.] ________________________ 1. Substituted byAct 20 of 1929, section 24 for the original section. Section 62 - Right of usufructuary mortgagor to recover possession In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 1 [together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], - (a) where the mortgagee is authorized to pay himself the.....
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Rule 1 to 15
Title: Suits Relating to Mortgages of Immovable Property
State: Central
Year: 1908
.....of 1929, section 4, for rule 7. 8. Inserted by Act 21 of 1929, section 5. 9. Substituted by Act 104 of 1976, section 82(ii)(b), for "on application by him" (w.e.f. 1-2-1977). 10. Substituted by Act 21 of 1929, section 6, for rules 10. 11. Added by Act 104 of 1976, section 82(iii) (w.e.f. 1-2-1977). 12. Inserted by Act 104 of 1976, section 82(iv) (w.e.f. 1-2-1977). 12a. Inserted by Act of 1976, section 82(v) (w.e.f. 1-2-1977). 13. Substituted by Act 21 of 1929, section 6, for rule 11. 14. Sub-clause (ii) omitted by Act 66 of 1956, section 14 (w.e.f. 1-1-1957). 15. Substituted by Act 66 of 1956, section 14, for certain words (w.e.f. 1-1-1957). 16. Substituted by Act 66 of 1956, section 14 for clause (b) (w.e.f. 1-1-1957). 17. Substituted by Act 21 of 1929, section 7, for rule 15. 18. Rule 15 Renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 82(v) (w.e.f. 1-2-1977).
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