Distinguish between Usufructuary Mortgage and Mortgage by Conditional Sale.
CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2022
Distinguish between Usufructuary Mortgage and Mortgage by Conditional Sale.
Answer & Explanation:
Usufructuary Mortgage In this mortgage, the mortgagor delivers possession of the mortgaged property to the mortgagee who retains the possession until the satisfaction of the debt. The mortgagee will take the usufruct in lieu of the interest or part payment of the principal or partly in payment of interest or partly in part payment of the principal. The mortgagor is not personally liable to pay the debt and the mortgagee is not entitled during the term of the mortgage to demand his mortgage money. Mortgage by Conditional Sale In a mortgage by conditional sale, the property is sold subject to the condition that on default in payment of the mortgaged money on a certain date the sale shall become absolute or that on such payment the sale shall become void or on such payment the buyer shall transfer the property to the seller. Possession of the property shall be with the mortgagee.
Topics: Transfer of Property Act, 1882
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