In simple mortgages, the mortgage undertakes, without delivering possession of the mortgaged property, to pay the loan and has agreed that, if the amount is not repayed, the mortgage will have the right to proceed with the sale of the mortgaged property and to apply the proceeds of the loan. This clause highlights the type of mortgage the parties agreed to. This is the most important clause of the Sed mortgage, as all rights and obligations of both parties depend on the type of mortgage by which the property is mortgaged. Assuming that in the English mortgage, the mortgage has the absolute right to sell the property. While the simple mortgage owning the property is not necessary. The clause also describes the obligation of the lender and the murderer of the type: if the Mortgagor does not pre-book the money on the agreed dates, nothing is required by the mortgage. The mortgage simply becomes an absolute owner, without the property owing to the borrower in the future. He can manage the property as he wishes. A mortgage amount for which the value of the real estate exceeds 100 rupees must be registered. If it is not registered, the deed can only be used as proof of the mortgage debt. This special clause determines the quality or amount of interest of the mortgage borrower and mortgagor on the mortgaged property. The provision defines the rights that the mortgage will benefit from through the property.
It also limits the rights of the mortgage in accordance with the agreement. As the name itself suggests, to create a mortgage, a person provides the creditor with the property ownership documents with the intention of terminating security. The clause stipulated whether or not Mortgagor had the right to exercise property on the mortgaged property. It also depends on the type of mortgage you choose to mortgage the property. In the simple mortgage, the property. B can stay in the mortgagor. On the contrary, in the Usufructuary Mortgage, possession of the mortgaged property must be delivered to the mortgage. Under English law, a mortgage of this type is known as “Equitable Mortgage” as opposed to a legal mortgage, because in this type of mortgage, there is simply a deposit of the title without writing or other legal formalities. This mortgage therefore does not require a written and oral transaction, is not affected by the registration law.
Before trying to understand the difference between an English mortgage and a conditional sale mortgage, we should consider the definition of a conditional sale mortgage, which is in Section 58 (c) of the Transfer of Property Act, 1882, as stated in the article: The above clause clarifies the title deeds that must be transferred on mortgage transfers. If the clause states that all deeds of ownership related to the mortgage property must be given to the mortgage borrower, Mortgagor transfers all documents of the deed of ownership to the borrower. Of the above mentioned individuals, only two types of mortgages, i.e., single mortgage and mortgage by deposit of deed of ownership, are widespread in India and others are of academic interest only in India. In the second 58, six types of mortgages are listed according to the following indications: A mortgage agreement imposes stamp duty as a regular agreement under section 5 of the Stamp Act. If Mortgagor agrees to repay the loan on a certain date and transfers the mortgage property to the borrower, but on condition that he transfers it to Mortgagor in exchange for payment of the mortgaged money, as agreed.