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Under section 59 of the Transfer of Property Act, 1882, which mortgage is excepted from the requirement…

Section 59 excepts a mortgage by deposit of title deeds from the registered-instrument requirement at this threshold. Under section 58(f), the deposit must take place in a…

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Under section 59 of the Transfer of Property Act, 1882, which mortgage is excepted from the requirement of a registered instrument when the principal secured is at least ₹100?

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Answer and explanation

Correct answer B

Section 59 excepts a mortgage by deposit of title deeds from the registered-instrument requirement at this threshold. Under section 58(f), the deposit must take place in a town covered by the provision, and the deeds must be delivered to the creditor or the creditor’s agent with intent to create security. A document that itself embodies the mortgage bargain may require registration. Below ₹100, section 59 also permits delivery of the property as a method for mortgages other than a simple mortgage.

Option feedback

Option A

At the stated amount a usufructuary mortgage requires a registered instrument.

Option B

A mortgage by deposit of title deeds is the express exception to the registered-instrument requirement.

Option C

A simple mortgage requires a registered instrument at the stated amount. The delivery alternative for amounts below ₹100 also excludes simple mortgages.

Option D

At the stated amount an English mortgage requires a registered instrument.

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