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Start Free TrialTransfer of Property Act, 1882 Section 65
Title: Implied Contracts by Mortgagor
State: Central
Year: 1882
.....the mortgage is a second or subsequent encumbrance on the property, that the mortgagor will pay the interest from time to time accruing due on each prior encumbrance as and when it becomes due, and will at the proper time discharge the principal money due on such prior encumbrance. 2 [* * *] The benefit of the contracts mentioned in this section shall be annexed to and shall go with the interest of the mortgagee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested. ________________________ 1. The words "for a term of years" omitted by Act of 1929, Section 29. 2. Certain words omitted by Act 20 of 1929, Section 29.
View Complete Act List Judgments citing this sectionTransfer 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 60
Title: Right of Mortgagor to Redeem
State: Central
Year: 1882
.....property. - Nothing in this section shall entitle a person interested in a share only of the mortgaged property to redeem his own share only, on payment of a proportionate part of the amount remaining due on the mortgage, except4[only] where a mortgagee, or, if there are more mortgagees than one, all such mortgagees, has or have acquired, in whole or in part, the share of a mortgagor. ________________________ 1. Substituted by Act 20 of 1929, section 22, for "payable". 2. Substituted by Act 20 of 1929, section 22, for "the mortgage-deed, if any, to the mortgagor". 3. Substituted by Act 20 of 1929, Section 22, for "order". 4. Inserted by Act 20 of 1929 section 22.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 60A
Title: Obligation to Transfer to Third Party Instead of Re-transference to Mortgagor
State: Central
Year: 1882
1 [60A. Obligation to transfer to third party instead of re-transference to mortgagor (1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment of which he would be entitled to require a re-transfer, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly. (2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance; but the requisition of any encumbrance shall prevail over a requisition of the mortgagor and, as between encumbrances, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer. (3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession. ________________________ 1. Sections 60A and 60B Inserted by Act 20 of 1929, section 23.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 95
Title: Right of Redeeming Co-mortgagor to Expenses
State: Central
Year: 1882
1 [95. Right of redeeming co-mortgagor to expenses Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92 against his co-mortgagors, be entitled to add to the mortgage money recoverable from them such proportion of the expenses properly incurred in such redemption as is attributable to their share in the property.] ________________________ 1. Substituted by Act 20 of 1929, Section 48, for the original Section 95. Original section 96 was rep. by Act 5 of 1908, Section 156 and Schedule V.
View Complete Act List Judgments citing this sectionIndian Easements Act, 1882 Section 10
Title: Lessor and Mortgagor
State: Central
Year: 1882
Subject to the provisions of section 8, a lessor may impose, on the property leased, any easement that does not derogate from the rights of the lessee as such, and a mortgagor may impose, on the property mortgaged, any easement that does not render the security insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose any other easement on such property, unless it be to take effect on the termination of the lease of the redemption of the mortgage, Explanation.--A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one-third, or, if consisting of building, exceeds by one-half, the amount for the time being due on the mortgage.
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 62
Title: Right of Usufructuary Mortgagor to Recover Possession
State: Central
Year: 1882
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 mortgage-money from the rents and profits of the property, when such money is paid; (b) where the mortgagee is authorized to pay himself from such rents and profits 2 [or any part thereof a part only of the mortgage-money], - when the term, (if any), prescribed for the payment of the mortgage-money has expired and the mortgagor pays or tenders to the mortgagee 3 [the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided. _______________________ 1. Inserted by Act 20 of 1929, section 25. 2. Substituted by Act 20 of 1929, Section 25, for "the interest of the principal money". 3. Substituted by Act 20 of 1929, Section 25, for " the principal money".
View Complete Act List Judgments citing this sectionTRANSFER OF PROPERTY ACT, 1882 Section 65A
Title: Mortgagor's power to lease
State: Central
Year: 1882
.....shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re-entry on the rent not being paid within a time therein specified. (3) The provisions of sub-section (1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of sub-section (2) may be varied or extended by the mortgage-deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section.] ________________________ 1. Inserted by Act 20 of 1929, Section 30.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 66
Title: Waste by Mortgagor in Possession
State: Central
Year: 1882
A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will be rendered insufficient by such act. Explanation. A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due on the mortgage.
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