Explain the meaning of 'Usufructuary Mortgage' as given under the Transfer of Property Act, 1882.
CS Executive · Economic and Commercial Laws · PYQS · December 2017
Explain the meaning of 'Usufructuary Mortgage' as given under the Transfer of Property Act, 1882.
Answer & Explanation:
Section 58(d) of the Transfer of Property Act, 1882 defines a "usufructuary mortgage" as "where the mortgagor delivers possession or expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee, and authorises him to retain such possession until payment of the mortgage money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same in lieu of interest, or in payment of the mortgage money, or partly in lieu of interest or partly in payment of the mortgage money, the transaction is called an usufructuary mortgage. It is also called a mortgage with possession.
Topics: Transfer of Property Act, 1882
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