Transfer of Property Act, 1882, Section 58, 83, M.P.Accommodation Control Act, 1961, Section 12(1) -- Tenant - Becoming mortgagee under a mortgage deed - Redemption - No stipulation in mortgage deed that on redemption mortgagee would lose his status as tenant - On redemption status of tenant would survive - Putting an end to tenancy right by resorting to contract would be..........
Registration Act, 1908, Section 58, 59, Transfer of Property Act, 1882, Section 3, 59 -- Mortgage deed - Proof - Held, mortgage deed is required to be proved by producing at least one of the attesting witnesses...........
Limitation Act, 1963, Article 61(a), 65, Transfer of Property Act, 1882, Section 58, 60 -- By operation of law mortgage ceased to exist and mortgagor acquired the right to recover the possession - Case falls under Article 61 (a) and not Article 65 of Limitation Act - Limitation is 30 years...........
Contract Act, 1872, Section 2(f), Transfer of Property Act, 1882, Section 58 -- Bank loan on execution of mortgage deed and promissory note - Mortgage deed executed one day prior to payment of loan amount - Mortgage deed cannot be said to be void for want of consideration - Reciprocal promises made by the promisor to advance the amount formed and the promise to repay the..........
Negotiable Instruments Act, 1881, Section 4, Transfer of Property Act, 1882, Section 58 -- Loan advanced on execution of promissory note and mortgage deed - Trial Court disallowing part of the claim on the ground that the said amount was not shown in the statement of account - Held, clerical lapse cannot wipe out contractual liability flowing from promissory note and..........
Transfer of Property Act, 1882, Section 53, Civil Procedure Code, 1908, Section 47, Order 21, Rule 58 -- Transfer of land by way of consent decree in favour of wife, after taking loan on pronote and before filing or recovery suit - It is a fraudulent transfer - Such land can be attached and sold in execution...........
Transfer of Property Act, 1882, Section 58 -- Transfer of interest in immovable property by way of mortgage - All advances of money made both prior to date of mortgage or subsequent thereto covered by mortgage - One mortgage covers all such advances - First mortgage merges in subsequent mortgage - Limitation runs from last date of advance so made - Entire amount of loan of..........
Transfer of Property Act, 1882, Section 58(f), 59 -- Mortgage by deposit of title deeds (also known as equitable mortgage) - Not compulsorily registrable - No writing necessary - Parties if choose to put agreement with regard to transaction, of mortgage by deposit of title deeds, in writing, that document will exclude all other evidence unless registered - Document in..........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Transfer of interest in land - Redemption of mortgage - Involves retransfer of legal right back to mortgagor - Amounts to acquisition by transfer...........
Transfer of Property Act, 1882, Section 58 -- Mortgage with possession of laud - Oral mortgage in villages - Not uncommon - Mortgagee satisfied when entry in revenue records made in his favour...........
