Transfer of Property Act, 1882, Section 58 -- Mortgage by deposit of title deeds - When a person delivers to a creditor documents of title to immovable property with intention to create a security thereon, the transaction is called mortgage by deposit of title deeds - Deposit can be made personally or constructively...........
Transfer of Property Act, 1882, Section 58(b), 58(f), Evidence Act, 1872, Section 68 -- Proviso - Mortgage by deposit of certified copy of title deeds - Not accepted by bank - Memorandum of deposit of title deed executed and registered - Proof of such document - Said document specifically denied by executant - One attesting witness at least required to be examined to prove..........
Transfer of Property Act, 1882, Section 58(d), 60, Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Usufructuary mortgage - Redemption - Although by reason of preliminary decree Court may fix time for payment of the amount declared due but default in depositing such payment does not debar him from a right to redeem the mortgaged property...........
Transfer of Property Act, 1882, Section 58(d) -- Usufructuary mortgage - Redeeming features - (a) delivery of possession to mortgagee, (b) mortgagee to retain possession until repayment of money and to receive rents and profits or part thereof in lieu of interest, or in payment of mortgage money, or partly in lieu of interest and partly in payment of mortgage money, (c)..........
Transfer of Property Act, 1882, Section 58(f) -- Equitable mortgage by deposit of title deeds - Place of creation of mortgage not disclosed in plaint - Plaintiff in his evidence also not speaking about the place of deposit of title deeds - Witnesses of plaintiff not inspiring confidence - Decree against mortgaged property not sustainable...........
Transfer of Property Act, 1882, Section 58(1) -- Equitable mortgage - By deposit of certified copies - When original documents are not forthcoming or lost, equitable mortgage can be created by depositing certified copy of document...........
Transfer of Property Act, 1882, Section 58(c) -- 'Mortgage by conditional sale' & 'Sale with condition of repurchase' - Distinction - Intention to be gathered in the first place from the document itself - If there is ambiguity, surrounding circumstances can be looked into - If sale and agreement to repurchase are embodied in separate documents the transaction is not a..........
Transfer of Property Act, 1882, Section 58(c) -- Mortgage by conditional sale or sale with an option to repurchase - Real intention to be gathered from the document alone - Nomenclature is not conclusive - Condition of repurchase mentioned in deed itself - Held, it is a deed of mortgage with conditional sale - Suit for specific performance of reconveyance is not..........
Transfer of Property Act, 1882, Section 58 -- Equitable mortgage - Bank loan - Deposit of original title deeds with bank - It amounts to creation of equitable mortgage...........
Transfer of Property Act, 1882, Section 58(c), Specific Relief Act, 1963, Section 10 -- Sale deed - Stipulation that vendee who is put in possession of property, shall reconvey property to vendor if vendor repays within period of three to five years from date of deed, amounts received from vendee - Held, deed is deed of sale with right to repurchase and not deed of..........
