Distinguish between English mortgage and Mortgage by conditional sale.
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2021
Distinguish between English mortgage and Mortgage by conditional sale.
Answer & Explanation:
An English mortgage looks like a mortgage by conditional sale but there are obvious differences between the two: In English mortgage there is a personal liability undertaken by the mortgagor to pay the debt. In a mortgage by conditional sale there is no personal covenant (agreement for payment of the mortgage money and mortgagee has his remedy against the mortgaged property only); In English mortgage the ownership in the mortgaged property is absolutely transferred to the creditor (i.e. mortgagee) which however, may be divested on repayment of the loan on the fixed day. In a mortgage by conditional sale, the mortgagee gets only a qualified ownership which may, however, ripen into an absolute ownership in default of payment of the mortgage money.
Topics: Transfer of Property Act, 1882
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