In which of these mortgages does the mortgagor deliver or agree to deliver possession and authorise the…
Section 58(d) of the Transfer of Property Act, 1882 describes a usufructuary mortgage. The mortgagee is authorised to retain possession and apply rents or profits to…
Choose your answer
In which of these mortgages does the mortgagor deliver or agree to deliver possession and authorise the mortgagee to retain possession and apply rents or profits towards the debt or interest?
Answer and explanation
Correct answer B
Section 58(d) of the Transfer of Property Act, 1882 describes a usufructuary mortgage. The mortgagee is authorised to retain possession and apply rents or profits to interest, principal, or both.
Option feedback
Option A
Section 58(b) defines a simple mortgage without delivery of possession.
Option B
Section 58(d) combines delivery or an obligation to deliver possession with the right to retain it and take rents or profits as specified.
Option C
Section 58(f) concerns delivery of title documents with intent to create security. The distinguishing delivery is of documents, rather than possession for taking rents and profits.
Option D
Section 58(c) concerns an ostensible sale subject to the statutory type of condition embodied in the sale document.
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