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53. Fraudulent transfer. (1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable atRead More →

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53A. Part performance. Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from whichRead More →

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CHAPTER III – OF SALES OF IMMOVABLE PROPERTY Section 54. “Sale” Defined ‘Sale‘ is a transfer of ownership in exchange for a price paid orRead More →

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55. Rights and liabilities of buyer and seller. In the absence of a contract to the contrary, the buyer and the seller of immoveable propertyRead More →

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56. Marshalling by subsequent purchaser. If the owner of two or more properties mortgages them to one person and then sells one or more ofRead More →

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DISCHARGE OF ENCUMBRANCES ON SALE 57. Provision by Court for encumbrances and sale freed therefrom. (a) Where immoveable property subject to any encumbrances, whether immediatelyRead More →

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CHAPTER IV – OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES Section 58 TPA: Mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed defined. (a) A mortgage is theRead More →

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59. Mortgage when to be by assurance. Where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage byRead More →

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59A. References to mortgagors and mortgagees to include persons deriving title from them. Unless otherwise expressly provided, references in this Chapter to mortgagors and mortgageesRead More →

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RIGHTS AND LIABILITIES OF MORTGAGOR 60. Right of mortgagor to redeem. At any time after the principal money has become due, the mortgagor has aRead More →

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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 ofRead More →

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60B. Right to inspection and production of documents. A mortgagor, as long as his right of redemption subsists, shall be entitled at all reasonable times,Read More →

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61. Right to redeem separately or simultaneously. A mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in theRead More →

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62. Right of usufructuary mortgagor to recover possession. In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of theRead More →

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63. Accession to mortgaged property. Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, received any accession, the mortgagor,Read More →

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63A. Improvements to mortgaged property. (1) Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, been improved, the mortgagor,Read More →