Mortgage under TPA || Section 58 of TPA || Go legal
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- Опубликовано: 15 сен 2024
- Section 58 in The Transfer of Property Act, 1882
58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.-
(a) A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being are called the mortgage-money, and the instrument (if any) by which the transfer is effected is called a mortgage-deed.
(b) Simple mortgage.-Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.
(c) Mortgage by conditional sale.-Where, the mortgagor ostensibly sells the mortgaged property- on condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute, or on condition that on such payment being made the sale shall become void, or on condition that on such payment being made the buyer shall transfer the property to the seller, the transaction is called mortgage by conditional sale and the mortgagee a mortgagee by conditional sale: 1[Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale.]
(d) Usufructuary mortgage.-Where the mortgagor delivers possession 1[or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property 2[or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage-money, or partly in lieu of interest 3[or] partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.
(e) English mortgage.-Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage. 4[(f) Mortgage by deposit of title-deeds.-Where a person in any of the following towns, namely, the towns of Calcutta, Madras, 5[and Bombay], 6[* * *] and in any other town7 which the 8[State Government concerned] may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immoveable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds.
(g) Anomalous mortgage.-A mortgage which is not a simple mortgage, a mortgage 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.]**********************************************
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Legends are watching this one day before exam
True bro😅👍
Yes me,
Today is my exam at 2 pm and I am watching at 9:30 😂😂😂😂
😂😂😂😂😂😂
Us bhai us
Good explanation behan.. keep continue.. and thanks for sharing this information with us..
wow , whata style of teaching ! really easy to understand , tnx alot mam !
Topic has been covered in avery systematic manner..nice teaching
Nice teaching i am always follow you
Effective way to learn in simple words
are you students
Very helpful lecture mam
Thank you so much mam 🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻🙏🏻
Thankyou for making this video it's really very helpful 🤗
Thank you so much for explaining in a very simple manner
Very informative nd the way you teach is quite impressive ♥️✨keep going .
Ma'am such me aap bhout Accha samjhate ho🙏🙏
Very beautifully explained
very effective way to explain all types
But right of foreclosure is only in the case of mortgage by conditional sale so how it is allowed in simple mortgage?
Yes right question
Thank you mam very nice explain
Bahod badiya hai madam apne acche se samjaya hai
03:54 par kon sa mortagage hai jisme register krwma jaruri nhi?
Mdm aap bahut bahut achha padhate ho request h cpc k all order and rule pr vedio bna do taki hme achhe se smjh aa jae or TPA act bhi complete kr do starting se..
Teaching method very nice
thanks for your explain and face
Nice explanation maam thanks
Respected from Pakistan
छान
Very good explanation you did.
Legends are watching in day of exam
Ma’am u have explained this section very simply.. plz make complete Video on chapter 4…. For up judiciary which is going to held on 12th feb
Mortgage by conditional sale's 3rd condition, didn't explained in the video
Very good nice lecture
Really to the point
Very well explain mam thank you
in the case of simple mortgage there is no right for foreclosure .
this is a correction
Innocent teacher 😍
what a sweetie pls do keep creating content omg much love to you
Mortgage by conditional sel mein Time limit agar likha ho to usi time ke andar hi Dena padega nahin to puri tarah sel mana jaega isako bhi batana chahiye ye aap ne miss kar diya
Very well explained Ma’am
Thank u....please do continue
xam acha gya apka knowledge se
Amazing video. Thanks a lot !
very easy explanation...
thank you mam
Very nice explained
Mam can you prepare answers to the previous mains questions for civil judge examination dividing state wise may sell it to the aspirants fixing a rate in the form of question bank
Nice explanation....
Rightly said tom is my exam
Very well explained
It's not motgage , it's mortgage
Vry nice lecture mam
jo lease per house lete hai heavy amount dekar aur monthly koi room rent pay nahi karna padta hai toh yeh lease mana jayega ya mortgage mana jayega
Nice keep it up pretty 👧
Can a lease be created for one day??
Please reply...
Very nice 🙂
Maam plz.......other sections
Simple mortgage me foreclosure hota hai ?????
yes
Very nice
Ultra legends are watching on the day of examination 😂
I liked this video
Amazing Lecture ☺️❤️
Gud...thnx mam
Morgaje bolte hai isko mam kind your information
Need some improvement in video editing too.
Nice explanation toppik
Nice
Mam i have 2 floor building can i mortgage 1 bhk portion of my house.
Thnq u mam
😮
Wonderful
Good👍
👎👎👎👎
Nice explanation maam thanks
Thanks mam
Nice