PRESENTATION
Introduction
NAME : SURAIA ZAMANID : 171015053 SUBJECT : TRANSFER OF PROPERTY ACT 1882 DATE :24.04.21
START
PRESENTATION
TOPIC
MORTGAGE
START
Content
What is Mortgage?Elements of Mortgage Terms in Mortgage? Property to be Mortgaged Kinds of Mortgage? Explain all kinds of mortgage How Mortgage is made
Content 1.
DEFINITION OF MORTGAGE
Content 2.
A mortgage is a transfer of an interest in specific immoveable property as security for the repayment of money advanced way of loan ,future debt or the performance of an engagement which may give rise to a pecuniary liability
MORTGAGE
Content 3.
01
There must be a transfer of an interest
Essential Elements
There must be specific immoveable property intended to be mortgaged
02
The Transfer must be made to secure the performance of a contract
03
COntent4.
There are some terms in Mortgagae
step 1
Mortgagor
step 1
step 2
step 1
Mortgagee
Mortgage money
Mortgage tDeed
step 3
step 4
The principal money and interest of which payment is secured for thetime being are called the mort.money
The instrument by which the transfer is effected is called mortgaged deed.
Duis autem vel eum iriure dolor in hendrerit in
Duis autem vel eum iriure dolor in hendrerit in
Duis autem vel eum iriure dolor in hendrerit in
The person who transfers the mortgaged property is called mortgagor
Duis autem vel eum iriure dolor in hendrerit in
Duis autem vel eum iriure dolor in hendrerit in
Duis autem vel eum iriure dolor in hendrerit in
The person to whom the mortgaged property is transferred is called mortgagee
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Content 5.
Who may mortgage
Who may be a Mortgagee
- Any person who is not under any disability or any company body of individuals who has an interest in immoveable property can mortage that interest
- Any person capable of holding may take a mortgage,unless he is disqualified by any special law doing so,but as he cannot enter into any contract,the mortgage should not involve any convenant by him.
Property to be mortgaged
Content 6.
Any interest it any property which is capable of being transferred may be the subject of Mortgage.The transferof property dealswith immoveable property.Only "specific property "can be mortgaged. If the mortgaged of any property or interest it is forbideen by law it can not be mortgaged less right the mortgage of which is forbidden by terms of the lease
Content 7.
Discuss all types of Mortgage
Content 8.
1.Simple Mortgage (sec 58b ,TP ACT)
Ingredients: 1.There is a personal undertaking by the mortgagor to repay the loan. 2.Possession and enjoyment remains with the mortgagor. 3.There is power of sale but to be exercisedonly through court 4.There is no delivery of owenership or possession 5.There is no foreclousure. Remedy: on the personal convenant ,the mortgagee can obtain a money decree which may be executed aganist any assets of the mortgagor.
Content 8.
2.MORTGAGE By CONDITIONAl SALE
1.The mortgagor must ostensibly sell the immoveable property2.On condition that on default of payment of the mortgage money on certain date the sale become absolute or 3.On condition that on such payment being made the buyer shall transfer the property to the seller 4.The remedyof the mortgagee is by a suit for foreclosure
3.Usufructuary Mortgage
- There is delivery of possession to the mortgagee
- In the loan id repaid or discharged by the appropriation and interest
- There is no personal liability and there is noremedy available either by sale or foreclosure
- Registration is complusory if the consideration is over tk 100
ENGLISH MORTGAGE
- A personal convenant to repay the amount on a certain date
- There is delivery of possession
- The remedy is saleand not by fore closure
- There can be a power of sale out of court
EQUITABLE MORTGAGE
- There must be existence of debt,it is sufficent if the materials documents are deposited
- No delivery of possession of property takes place
- it prevails aganist all who are not bona fide purchasers for value without notice
- The mortgagee is not entittled to sue for forecloure
- The mortgagors remedy is a suit for redemption and no action to recover the title deeds
Anomalous Mortgage
- It would include a simple mortgage usufructuary and a mortgage and amortgage usufructuary by conditional sale
- it must be registered and also right and liabilities to the parties to anomalouse mortgage are determined by their contract.
How Mortgage is made
HOW MORTGAGE IS MADE?
1.Under TP ACT 1882 a simple mortgage of immoveable property must always be made by registered instrument,and all other kinds of mortgage except Mortgage by deposite oftittle deeds .2.Equitable mortgage is made deposite by tittle deeds with the creditor with an agreement oral or written cover by agreement deed but only memo written after the oral agreement it would amount to amortgage it will not be mortgage deed.
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THANKS
TP ACT PRESENTATION
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Transcript
PRESENTATION
Introduction
NAME : SURAIA ZAMANID : 171015053 SUBJECT : TRANSFER OF PROPERTY ACT 1882 DATE :24.04.21
START
PRESENTATION
TOPIC
MORTGAGE
START
Content
What is Mortgage?Elements of Mortgage Terms in Mortgage? Property to be Mortgaged Kinds of Mortgage? Explain all kinds of mortgage How Mortgage is made
Content 1.
DEFINITION OF MORTGAGE
Content 2.
A mortgage is a transfer of an interest in specific immoveable property as security for the repayment of money advanced way of loan ,future debt or the performance of an engagement which may give rise to a pecuniary liability
MORTGAGE
Content 3.
01
There must be a transfer of an interest
Essential Elements
There must be specific immoveable property intended to be mortgaged
02
The Transfer must be made to secure the performance of a contract
03
COntent4.
There are some terms in Mortgagae
step 1
Mortgagor
step 1
step 2
step 1
Mortgagee
Mortgage money
Mortgage tDeed
step 3
step 4
The principal money and interest of which payment is secured for thetime being are called the mort.money
The instrument by which the transfer is effected is called mortgaged deed.
Duis autem vel eum iriure dolor in hendrerit in
Duis autem vel eum iriure dolor in hendrerit in
Duis autem vel eum iriure dolor in hendrerit in
The person who transfers the mortgaged property is called mortgagor
Duis autem vel eum iriure dolor in hendrerit in
Duis autem vel eum iriure dolor in hendrerit in
Duis autem vel eum iriure dolor in hendrerit in
The person to whom the mortgaged property is transferred is called mortgagee
+info
+info
+info
+info
+info
+info
Content 5.
Who may mortgage
Who may be a Mortgagee
Property to be mortgaged
Content 6.
Any interest it any property which is capable of being transferred may be the subject of Mortgage.The transferof property dealswith immoveable property.Only "specific property "can be mortgaged. If the mortgaged of any property or interest it is forbideen by law it can not be mortgaged less right the mortgage of which is forbidden by terms of the lease
Content 7.
Discuss all types of Mortgage
Content 8.
1.Simple Mortgage (sec 58b ,TP ACT)
Ingredients: 1.There is a personal undertaking by the mortgagor to repay the loan. 2.Possession and enjoyment remains with the mortgagor. 3.There is power of sale but to be exercisedonly through court 4.There is no delivery of owenership or possession 5.There is no foreclousure. Remedy: on the personal convenant ,the mortgagee can obtain a money decree which may be executed aganist any assets of the mortgagor.
Content 8.
2.MORTGAGE By CONDITIONAl SALE
1.The mortgagor must ostensibly sell the immoveable property2.On condition that on default of payment of the mortgage money on certain date the sale become absolute or 3.On condition that on such payment being made the buyer shall transfer the property to the seller 4.The remedyof the mortgagee is by a suit for foreclosure
3.Usufructuary Mortgage
ENGLISH MORTGAGE
EQUITABLE MORTGAGE
Anomalous Mortgage
How Mortgage is made
HOW MORTGAGE IS MADE?
1.Under TP ACT 1882 a simple mortgage of immoveable property must always be made by registered instrument,and all other kinds of mortgage except Mortgage by deposite oftittle deeds .2.Equitable mortgage is made deposite by tittle deeds with the creditor with an agreement oral or written cover by agreement deed but only memo written after the oral agreement it would amount to amortgage it will not be mortgage deed.
Thanks !
THANKS