PRESENTATION

Submitted by – Abhishek
Sharma 16BCL1022

Submitted to- Ms.Jasdeep kaur

mam(UILS)
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 INSTITUTE UILS
DEPARTMENT LAW
Bcom +LLB VIII
PROPERTY LAW INCLUDING INDIAN EASEMENT ACT, 1882
LLT – 463
UNIT – III Presentation on mortgage

DISCOVER . LEARN . EMPOWER

Mortgage
TRANSFER OF
 Meaning:- It relates to transfer of intrest in
PROPERTY immoveable property from one person to
another as a security for money.

ACT,1882  Section 58 of TPA

(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
MORTGAGE the time being are called the mortgage-money, and
the instrument (if any) by which the transfer is
effected is called a mortgage-deed.

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Essentials of mortgage
1) There must be a transfer of interest.
There is no transfer of ownership but transfer of interest only for the purpose
of securing payment of money by way of loan. The right of mortgagee is only
an accessory right, which is intended merely to secure the due payment of
Debt. Mortgage is simply a transfer of interest in the immovable property while
the ownership still remain with the mortgagor.
2) There must be specific immovable property intended to be mortgaged.
The immovable property must be distinctly specified. The description of the
property in the mortgage deed must be sufficient to identify the property
3)The transfer must be made to secure the payment of a loan or to secure the
performance of a contract. The consideration of mortgage maybe either. 4
 Types of mortgage

Sec. 58 classified the mortgage into the following six types.

1. Simple mortgage.
2. Mortgage by conditional sale.
3. Usufructuary mortgage.
4. English mortgage.
5. Mortgage by deposit of title deeds.
6. Anomalous mortgage.
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 CONTD….

1. Simple mortgage:- In case of simple 3. Usufructuary mortgage:- The word 'usufruct' means
mortgage, the mortgagor without delivering the the right of enjoying the use and advantages of another
prossession of the mortgaged property, gives a person person's property .In case of usufructuary mortgage , the
undertaking to the mortgage to repay the amount due mortgagor delivers possession of the mortgaged property
under the mortgage. .He further authorities the mortgagee to receives the
rents and profits accruing from the property and to
appropriate the same in lieu of interest and the principal
sum .
2. Mortgage by conditional Sale:- Here, mortgagor, 4. English mortgage:- Here, property first sell in favour
first sell the property, in favour of mortgagee, with a of mortgagee, if mortgagor repay amount, then sale will
condition to revert it back to him, if he is repay his loan become void, otherwise will become absolute In that
with interest, otherwise mortgagee will become absolute case, if mortgagee now sell property to recover his loan
owner. so for any shortage in repayment mortgagor is personally
laible.
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5.Mortgage by deposit of title deeds :- Where a debtor declares to a creditor
or his agent documents of title to property , with intent to create a security.

6. Anomalous mortgage: - A mortgage which does not belong to any of

the above categories is called an anomalous mortgage.

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 CONTD…
SUB MORTGAGE AND PUISNE MORTGAGE

(i) Sub-mortgage:- When a mortgagee further

mortgages the property mortgaged with him by way of
security the mortgage is called a sub- mortgage.
Example :- Mr.A mortgages his house to Mr.B for a sum
of Rs. 20,000. If Mr.B further Mortgage that property
then he creates sub- mortgage.

ii) Puisne mortgage: Puisne (pronounced as pyunii)

mortgage is the second mortgage by the mortgagor
himself on a property which is already subject to
mortgage. The word puisne means 'junior in rank or next
in order. Example- Mr. A Mortgages his house worth Rs.
50,000 to Mr. B for Rs. 20,000 .He is need of more
money creates another mortgage in favor of Mr C PME
on the same house for a further sum of Rs. 15,000. The
second mortgage is a puisne mortgage.
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 SOME OF OTHER PROVISION RELATED TO
Priority of debt on mortgage:- MORTGAGE
The general rule of priority of different mortgages on the same
property is that the successive mortgage is paid after the
prior mortgage has been satisfied. But where the prior
mortgages suffers from fraud, misrepresentation, the
subsequent mortgage shall have priority over prior
mortgagee.
Example of Marshaling :- O the owner of three properties
Marshaling by subsequent mortgagor (Section.81) P1 , P2 P3 mortgages them to M subsequently O
:- If the owner of two or more properties mortgages them mortgage the property P1 to B here B has right of
to one person and then mortgage one or more of the marshalling i.e.
properties to another person , the subsequent mortgagee is in he can compel M to satisfy his mortgage debt out of
the absence of a contract to the contrary , entitled to have the
properties P2 and P3 so far as it will extend
mortgage-debt satisfied out of the property or properties and
sold to him , so far as the same will extend , but not so as to
prejudice the rights of the mortgage of person claiming
under him or of any other person who has for consideration
acquired an interest in any of the properties .

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 CONCEPT OF SUBROGATION

 Subrogation:- Under Section 91 of the T.P. Act, enumerates the persons who may sue for
redemption. The primary right to redemption is given to the mortgagor under Section 60,
but in addition to the mortgagor certain other persons are also entitled to redeem.

 a) Any person who has any interest in

 b) Any surety for the payment of the mortgage- debt.

 c) Any creditor of the mortgagor.

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 RIGHTS AND LIBILITIES OF MORTGAGOR
RIGHTS OF MORTGAGOR
a) Right of redemption (Sec.60):- The first and the most important right of the mortgagor is the
right to redeem i.e., take back the mortgaged property by paying the mortgage money at any time
after the stipulated date for repayment.
But the mortgagor is not entitled to redeem before the mortgage money becomes due on the date
fixed for repayment of the loan.

Example:- A borrows money on a mortgage and agrees to pay it back after 5 years. A has won a
lottery and wants to pay the loan at the end of 3 years and redeem his property. He cannot to do,
because the right to redeem arises only when the money has become due at the end of 5 years
b) Right against clog or equity of redemption:- Clog means prevent mortgagor from
redeeming the property and it is void. Right of redemption or equity of redemption is the
essence of a mortgage, and any provision inserted in the mortgage deed to prevent, evade or
hamper redemption is void. Any condition which prevent the mortgagor from redemption
the property is called “clog” on the equity or right of redemption and is void.

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c)Right of partial redemption:- A mortgage, as a rule,
being one and indivisible for the debt and every part
of it, the mortgage cannot redeem piecemeal; he must
redeem the whole property.
But Section 61 of the act gives a right of partial
redemption stating that “a mortgagor who has executed
two or more mortgages in favour of the same mortgagee
shall, in the absence of a contract to the contrary, when
the principal money of any two or more of the mortgages
has become due, be entitled to redeem any one such
mortgage separately or any two or more of such
mortgages together.
Example:- A mortgages property X to .B and
obtains a loan of Rs.2,000.A again mortgages the
same property to B and obtains a further loan of

Rs.1,000.A redeem the first mortgage of Rs.2000 or he

can redeem both together

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 LIABILITIES OF MORTGAGOR
1. Covenant for title.
2. Covenant for payment of public charges.

RIGHTS AND LIBILITIES OF MORTGAGEE


RIGHT OF MORTGAGEE LIABILITIES OF MORTGAGEE

1. Right to foreclosure or sale. 1. Only one suit for several mortgage

2. Right to sue for mortgage –money. 2. Liabilities of mortgagee in possession

a) Management
3. Right of sale without intervention of the b) Collection of rents and profits
court. c) Payment of revenue etc.
d) Repairs
4. Right of appoint receiver. e) Insurance

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DIFFERENCES IN MORTGAGE AND PLEDGE

Mortgage Pledge
1. It relates to immovable property. 1. It relates to movable property.
2. There is a transfer of an interest 2. There is only obligation to repay
in some specific immovable money.
property. 3. The possession of property
3.The property on which mortgage is which is pledged is handed over
created may or may not be to the creditor pledge.
transferred to the mortgage. 4. This is just not possible in case
4. There is no bar on creating a of pledge.
number of mortgage on one
property.

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 THANK YOU

“Human nature is like water. It takes the shape of its container.”

― Wallace Stevens