The Doctrine of Marshalling has been provided in which of the following Sections of the Transfer of…
Under the Transfer of Property Act, 1882, the Doctrine of Marshalling is codified in two provisions: Section 56 (marshalling by a subsequent purchaser, where the owner of…
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The Doctrine of Marshalling has been provided in which of the following Sections of the Transfer of Property Act, 1882?
Answer and explanation
Correct answer A
Under the Transfer of Property Act, 1882, the Doctrine of Marshalling is codified in two provisions: Section 56 (marshalling by a subsequent purchaser, where the owner of two or more properties mortgages them to one person and then sells one or more of the properties to another person) and Section 81 (marshalling of securities, where the owner of two or more properties mortgages them to one person and then mortgages one or more of the properties to another person). Section 82 deals with the distinct doctrine of contribution to mortgage-debt.
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