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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…

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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?

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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.

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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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