In case of conflict between the doctrine of Marshalling and the doctrine of contribution, What shall be…
The third paragraph of Section 82 of the Transfer of Property Act, 1882 expressly states: 'Nothing in this section applies to a property liable under section 81 to the claim…
Choose your answer
In case of conflict between the doctrine of Marshalling and the doctrine of contribution, What shall be the fate ?
Answer and explanation
Correct answer A
The third paragraph of Section 82 of the Transfer of Property Act, 1882 expressly states: 'Nothing in this section applies to a property liable under section 81 to the claim of the subsequent mortgagee.' Thus, in case of a conflict between Marshalling (Sec. 81) and Contribution (Sec. 82), 'Marshalling shall prevail'.
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