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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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 →

64. Renewal of mortgaged lease. Where the mortgaged property is a lease, and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption,Read More →

65. Implied contracts by mortgagor. In the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee,- (a)Read More →

65A. Mortgagor’s power to lease. (1) Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall haveRead More →

66. Waste by mortgagor in possession. A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property toRead More →