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Results of usufructuary mortgage

Showing : 21-30 of 54 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Transfer of Property Act, 1882, Section 60, 62, 67, Limitation Act, 1963, Article 61(a) -- Usufructary Mortgage - Suit by mortgagee for declaration to the effect that they have become onus of land by prescription - Contention that after expiry of period of limitation to sue for foreclosure, the mortgages have a right to seek declaration in respect of their title over the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Transfer of Property Act, 1882, Section 62 -- Usufructuary mortgage - 1. Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption? - 2. Whether there is any time limit in the case of a usufructuary mortgagor to get his property redeemed?. Held - In case of usufructuary..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Mortgagee having a right of preemption in case mortgagor wishes to transfer the property to a third party - Held, such a condition operates as a clog on the right of redemption of the mortgagor...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 34, Rule 8(1), Limitation Act, 1963, Article 137 -- Mortgage & other than usufructuary - Suit for possession by way of redemption - Limitation for getting the final decree passed - Limitation is three years from the date fixed in the preliminary decree, unless it is stayed or suspended or the time prescribed in the preliminary decree is..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 34,, Rule 8(1), Civil Procedure Code, 1908, Section , Order 34,, Rule 7(2) -- Usufructuary mortgage - Redemption - Final decree - The mortgagee is not entitled to apply for final decree - Only a mortgagor can apply to the Court to pass a final decree on payment of the amount found due under the preliminary decree till his right to redeem..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 34,, Rule 7, 8 -- Usufructuary mortgage - Redemption - Preliminary decree - Default in depositing the mortgaged amount - Mortgagor in usufructuary mortgaged is not debarred from a right to redeem the mortgaged property...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Transfer of Property Act, 1882, Section 62, 83 -- Usufructuray mortgage - Rights of mortgagor - A Usufructuary mortgagor may file a suit for redemption or may take recourse to the summary process of deposit and notice u/s 83 of Transfer of Property Act...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 60, 62, Limitation Act, 1963, Article 61 -- Limitation for redemption of usufructuary mortgage - 'Whether the right to seek redemption would arise on the date of mortgage itself in case of usufructuary mortgage when no time limit is fixed to seek redemption' ? Matter referred to DB. Editorial Note - Also see Harbans vs. Om Parkash &..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - It is a transfer by the owner (Mortgagor) of an interest in an immovable property for securing the amount advanced/to be advanced by the creditor (Mortgagee), under which possession of property is delivered to the mortgagee with authority to retain such possession and enjoy the rents and profits..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Redemption - Limitation - 30 years - When it is stipulated that mortgagee is entitled to be in possession till redemption then right to redeem accrues immediately on execution of the mortgage deed and mortgagor has to file a suit for redemption within 30 years..........

Showing : 21-30 of 54 Results