A Study of the Rights and Duties of Mortgagor and Mortgagee with relevant Case Laws
Lead author · Corresponding
Tisha Pattnaik
Student at Symbiosis Law School, Hyderabad, India
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DOIhttps://doij.org/10.10000/IJLMH.115500
Abstract
A “mortgage” is defined under Section 58 of the Transfer of Property Act of 1882 . A mortgage is a well-known and traditional idea. The idea of equality and morality is the main focus. The handing over of a mortgagor's ownership of immovable property to the mortgagee is specifically what is referred to as a mortgage. The Transfer of Property Act recognises five duties and seven rights for the mortgage holder. The current study aims to examine the mortgagor's obligations and rights under the Transfer of Property Act , as well as some significant rulings made by the Court on these rights.
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