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Under section 96 of the Transfer of Property Act, 1882, to which mortgage do the provisions applicable…

Section 96 of the Transfer of Property Act, 1882 applies the simple-mortgage provisions, so far as may be, to a mortgage by deposit of title deeds. That form is also called…

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Under section 96 of the Transfer of Property Act, 1882, to which mortgage do the provisions applicable to a simple mortgage apply as far as may be?

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Answer and explanation

Correct answer C

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

That form is also called an equitable mortgage.

Option feedback

Option A

Section 58(d) defines a usufructuary mortgage by its distinct possessory terms. Section 96 applies to a different class.

Option B

Section 58(e) defines an English mortgage. Section 96 does not extend its rule to this class.

Option C

Section 96 expressly applies the simple-mortgage provisions, so far as may be, to a mortgage by deposit of title deeds.

Option D

An anomalous mortgage is governed by section 98 as to the parties’ rights and liabilities, subject to the contract and local usage.

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