The Transfer of Property Act, 1882: As Modified Up to the 1st April , 1893

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Office of the Superintendent of Government Printing, India, 1893 - Land titles - 77 pages
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Page 45 - ... him in trust to be applied by him, first in payment of all costs charges and expenses properly incurred by him as incident to the sale or any attempted sale or otherwise ; and secondly in discharge of the mortgage money interest and costs and other money if any due under the mortgage and the residue of the money so received shall be paid to the person entitled to the mortgaged property or authorized to give receipts for the proceeds of the sale thereof.
Page 36 - A mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability".
Page 62 - Leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent...
Page 32 - The benefit of a covenant implied as aforesaid shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by every person in whom that estate or interest is, for the whole or any part thereof, from time to time vested.
Page 44 - Act of a sum to meet any prior incumbrance, shall be held by him in trust to be applied by him, first, in payment of all costs, charges, and expenses, properly incurred by him, as incident to the sale or any attempted sale, or otherwise ; and secondly, in discharge of the mortgage money, interest, and costs, and other money, if any, due under the mortgage ; and the residue of the money so received shall be paid to the person, entitled to the mortgaged property...
Page 64 - ... shall be deemed to authorize a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer, or lessee...
Page 51 - Section 83.) such properties are, iu the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage...
Page 16 - The consideration or object of an agreement is lawful unless it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law ; or is fraudulent ; or involves or implies injury to the person or property of another ; or the Court regards it as immoral or opposed to public policy.
Page 50 - If a mortgage made to secure future advances, the performance of an engagement or the balance of a running account, expresses the maximum to be secured thereby a subsequent mortgage of the same property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage in respect of all advances or debits not exceeding the maximum, though made or allowed with notice of the subsequent mortgage.
Page 21 - ... his duty to elect and of those circumstances which would influence the judgment of a reasonable man in making an election, or if he waives enquiry into the circumstances.

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