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Which type of mortgage does section 96 of the Transfer of Property Act, 1882 expressly subject, so far…

Section 96 applies the provisions governing a simple mortgage to a mortgage by deposit of title deeds insofar as those provisions are applicable.

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Which type of mortgage does section 96 of the Transfer of Property Act, 1882 expressly subject, so far as may be, to the provisions applicable to a simple mortgage?

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Answer and explanation

Correct answer B

Section 96 applies the provisions governing a simple mortgage to a mortgage by deposit of title deeds insofar as those provisions are applicable.

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Option A

Section 58(e) defines an English mortgage, a distinct type involving an absolute transfer subject to retransfer.

Option B

Section 96 expressly applies the simple-mortgage provisions to a mortgage by deposit of title deeds so far as those provisions can apply.

Option C

A usufructuary mortgage is separately defined in section 58(d), and section 96 names a different form.

Option D

A mortgage by conditional sale is separately defined in section 58(c), and section 96 names a different form.

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