Section 59 – Mortgage When to be by Assurance – The Transfer of Property Act, 1882 Section 59: Mortgage when to be by assurance. 59. Where the principal money secured is one hundred rupees or upwards, a mortgage 1[other than a mortgage…
Section 58 – “Mortgage”, “Mortgagor”, “Mortgagee”, “Mortgage-money” and “Mortgage-deed” Defined – The Transfer of Property Act, 1882 Chapter-IV Of Mortgages of Immovable Property and Charges Section 58: “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined. – (a) A mortgage is the transfer…
Section 57 – Provision by Court for Incumbrances, and Sale Freed Therefrom – The Transfer of Property Act, 1882 Section 57: Provision by Court for incumbrances, and sale freed therefrom. – (a) Where immoveable property subject to any incumbrance, whether…
Section 56 – Marshalling by Subsequent Purchaser – The Transfer of Property Act, 1882 1[Section 56: Marshalling by subsequent purchaser. 56. If the owner of two or more properties mortgages them to one person and then sells one or more…
Section 55 – Rights and Liabilities of Buyer and Seller – The Transfer of Property Act, 1882 Section 55: Rights and liabilities of buyer and seller. – In the absence of a contract to the contrary, the buyer and the…
Section 54 – “Sale” Defined – The Transfer of Property Act, 1882 Chapter-III Of Sales of Immovable Property Section 54: “Sale” Defined. – “Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Sale…
Section 53A – Part Performance – The Transfer of Property Act, 1882 1[53A. Part performance.— Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary…
Section 53 – Fraudulent Transfer – The Transfer of Property Act, 1882 1[53. Fraudulent transfer.— (1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of…
Section 52 – Transfer of Property Pending Suit Relating Thereto – The Transfer of Property Act, 1882 Section 52: Transfer of property pending suit relating thereto. – During the 1[pendency] in any Court having authority 2[3[within the limits] of India excluding the…
Section 51 – Improvements Made by Bona Fide Holders Under Defective Titles – The Transfer of Property Act, 1882 Section 51: Improvements made by bona fide holders under defective titles. – When the transferee of immoveable property makes any improvement…