Thursday, December 24, 2015

Mortgage by conditional sale

"Mortgage by conditional sale"
Sec.58 (c) of the Transfer of Property Act, 1882

"When the mortgagor ostensibly sells the mortgaged property --

(i) on condition that on default of payment of the mortgage money on a certain date the sale shall become absolute, or  
(ii) on condition that on such payment being made the sale shall become void; or 
(iii) on condition that on such payment being made the buyer shall transfer the property to the seller,

-- the transaction is called a mortgage by conditional sale.

Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale.

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