Mortgage under TPA || Section 58 of TPA || Go legal

Section 58 in The Transfer of Property Act, 1882
58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.-
(a) A mortgage is the transfer of an interest in specific immoveable 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. The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being are called the mortgage-money, and the instrument (if any) by which the transfer is effected is called a mortgage-deed.
(b) Simple mortgage.-Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.
(c) Mortgage by conditional sale.-Where, the mortgagor ostensibly sells the mortgaged property- on condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute, or on condition that on such payment being made the sale shall become void, or on condition that on such payment being made the buyer shall transfer the property to the seller, the transaction is called mortgage by conditional sale and the mortgagee a mortgagee by conditional sale: 1[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.]
(d) Usufructuary mortgage.-Where the mortgagor delivers possession 1[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 2[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 3[or] partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.
(e) English mortgage.-Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage. 4[(f) Mortgage by deposit of title-deeds.-Where a person in any of the following towns, namely, the towns of Calcutta, Madras, 5[and Bombay], 6[* * *] and in any other town7 which the 8[State Government concerned] may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immoveable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds.
(g) Anomalous mortgage.-A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.]**********************************************
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Topic has been covered in avery systematic manner..nice teaching

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Thank u....please do continue

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xam acha gya apka knowledge se

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Effective way to learn in simple words

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are you students

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Respected from Pakistan

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Really to the point

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very easy explanation...

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Bahod badiya hai madam apne acche se samjaya hai

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Thank you mam very nice explain

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Nice explanation....

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[@sujitsahoo4030]

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[@durgeshwaryogafitness3280]

jo lease per house lete hai heavy amount dekar aur monthly koi room rent pay nahi karna padta hai toh yeh lease mana jayega ya mortgage mana jayega

[@chanakyaa4511]

Vry nice lecture mam

[@legalaffairs7583]

Gud...thnx mam

[@DharmendraYadava940]

Legends are watching in day of exam

[@Singh_98765]

Simple mortgage me foreclosure hota hai ?????

[@safdarkhan7157]

Very nice 🙂

[@surendrakumargupta4670]

Mortgage by conditional sel mein Time limit agar likha ho to usi time ke andar hi Dena padega nahin to puri tarah sel mana jaega isako bhi batana chahiye ye aap ne miss kar diya

[@rehmatnazir6899]

Very nice

[@arulnadar6075]

Rightly said tom is my exam

[@Deenisister]

Mortgage by conditional sale's 3rd condition, didn't explained in the video

[@RAMSINGH-xz2vn]

Thanks mam

[@bju295]

03:54 par kon sa mortagage hai jisme register krwma jaruri nhi?

[@kanakamohanreddynookareddy2602]

Mam can you prepare answers to the previous mains questions for civil judge examination dividing state wise may sell it to the aspirants fixing a rate in the form of question bank

[@himaniparmar607]

But right of foreclosure is only in the case of mortgage by conditional sale so how it is allowed in simple mortgage?

[@roshan5052]

Yes right question

[@Aarohi]

what a sweetie pls do keep creating content omg much love to you

[@akhilaradhakrishnan1120]

in the case of simple mortgage there is no right for foreclosure . this is a correction

[@anupamshukla2994]

Can a lease be created for one day?? Please reply...

[@NobodyPrime]

It's not motgage , it's mortgage

[@vihaanjoon7007]

Nice

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Thnq u mam

[@saanjhvaishnav6616]

Maam plz.......other sections

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Amazing Lecture ☺️❤️

[@advocatelaxmichauhan4038]

Mdm aap bahut bahut achha padhate ho request h cpc k all order and rule pr vedio bna do taki hme achhe se smjh aa jae or TPA act bhi complete kr do starting se..

[@xxxgirl3705]

Mam i have 2 floor building can i mortgage 1 bhk portion of my house.

[@fatehkhanusmani7300]

Morgaje bolte hai isko mam kind your information

[@kamalarora9472]

Need some improvement in video editing too.

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Ma’am u have explained this section very simply.. plz make complete Video on chapter 4…. For up judiciary which is going to held on 12th feb

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