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Rights and liabilities of parties to anomalous mortgage is dealt under

Under Section 98 of the Transfer of Property Act, 1882 ('Rights and liabilities of parties to anomalous mortgages'), in the case of an anomalous mortgage the rights and…

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Rights and liabilities of parties to anomalous mortgage is dealt under

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Correct answer D

Under Section 98 of the Transfer of Property Act, 1882 ('Rights and liabilities of parties to anomalous mortgages'), in the case of an anomalous mortgage the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage. Section 93 prohibits tacking, Section 94 governs the rights of mesne mortgagees, and Section 96 governs mortgages by deposit of title-deeds.

Option feedback

Option A

Incorrect. Section 93 of the Transfer of Property Act, 1882 lays down the prohibition of tacking.

Option B

Section 94 addresses the rights of a mesne mortgagee against later mortgagees. It gives the mesne mortgagee the same rights against them as against the mortgagor.

Option C

Incorrect. Section 96 of the Transfer of Property Act, 1882 provides that the provisions applicable to a simple mortgage apply, so far as may be, to a mortgage by deposit of title-deeds.

Option D

Correct. Section 98 of the Transfer of Property Act, 1882 governs the rights and liabilities of the parties to an anomalous mortgage, providing that they shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage.

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