In a simple mortgage, the security for the debt is two-fold. Elucidate and cite case law, if any.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2024
In a simple mortgage, the security for the debt is two-fold. Elucidate and cite case law, if any.
Answer & Explanation:
In a simple mortgage, the mortgagor without delivering possession of the mortgaged property binds himself personally to pay the mortgage money and agrees expressly or impliedly that if he fails to pay the debt and interest in terms of the mortgage deed, the property may be sold and the proceeds applied in payment of the mortgaged money. This is true that in a simple mortgage, the security for the debt is two-fold: the personal obligation; and The property. In Ram Narayan Singh v. AdhindraNath, AIR (1916) PC 119 the Court held that the fact that some immovable property has been mentioned as security for its repayment does not displace the personal liability of mortgagor to repay the loan with interest.
Topics: Property Law
Related Questions in this Topic
- Zuben Developers Limited (Referred as 'Zuben Developers'), a real estate development company, permitted Urban Café Priva...
- Zuben Developers Limited (Referred as 'Zuben Developers'), a real estate development company, permitted Urban Café Priva...
- Whether the licence as defined under The Indian Easements Act, 1882, is transferable ?
- Draft notice of Ejectment under section 106 of the Transfer of Property Act, 1882. Assume facts, if required.
- Define Gift. Explain the essential characteristics of a valid Gift. Draft a specimen of Gift Deed. Assume facts.