Section 81 of the Transfer of Property Act, 1882, applies for the mortgage of immovable property and not to the hypothecation of:

Section 58 enumerates some classes mortgages:
(1) Simple mortgage
(2) Mortgage by conditional sale
(3) Usufructuary mortgage
(4) English mortgage
(5) Equitable mortgage
(6) Anomalous mortgage

A

Only (1), (2) and (3) are relevant

B

Only (4), (3) and (2) are relevant

C

Only (4), (5) and (6) are relevant

D

All are relevant

Mortgagor binds himself to repay the mortgage money on certain date and transfer mortgage property absolutely to mortgagee with a condition that upon repayment of mortgage money, the mortgage will re-transfer it to mortgagor. This type of mortgage is known as:

A

English mortgage

B

Mortgage by deposit of title deed

C

Usufructuary mortgage

D

Simple 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 is called . . . . . . . .

A

A pledge

B

An anomalous mortgage

C

Agreement of mortgage

D

None of the above

To an anomalous mortgage section 60 of the Transfer of Property Act, 1882 applies whereas to an usufructuary mortgage

A

Section 62 applies

B

Section 61 applies

C

Section 63 applies

D

Section 64 applies

Within the meaning of section 58 of the Transfer of Property Act, 1882 a mortgage is a transfer of an interest in specific immovable property as security for the repayment of a debt.

A

Such interest itself is immovable property

B

Such interest is not immovable property

C

Question of interest does not arise

D

None of the above

Under section 68 of the Transfer of Property Act, 1882, provision of this section shall not apply if the mortgagee sues for foreclosure on one mortgage and for sale on another mortgage. The statement:

A

Is correct

B

Is not correct

C

Is partly correct

D

None of the above

Assertion (A): Where immovable property of one person is by an act of parties made security for payment of money to another and the transaction does not amount to Mortgage, the later person is said to have a charge on the property.
Reason (R): Any contract in respect of immovable property, of itself, creates a charge on such property.

A

Both (A) and (R) are true and (R) is correct explanation of (A)

B

Both (A) and (R) are true and (R) is not correct explanation of (A)

C

(A) is true but (R) is false

D

(A) is false but (R) is true

Which of the following are "immovable property" under the Transfer of Property Act?
Select the correct answer by using the below:
1. The equity of redemption
2. A hut
3. Mortgage debt
4. Right to recover maintenance allowance charged on immovable property

A

1 and 2

B

1, 2 and 3

C

1 and 4

D

2 only

Section 37 of the Transfer of Property Act, 1882 refers to apportionment by estate. In this light, before the Transfer of Property Act, 1882, when a transfer was severed by the sale of shares in the version the tenant was still obliged to pay the rent to all shares jointly:

A

Unless an apportionment had been agreed to by all the parties

B

Any party is agreed by all the parties

C

Any two parties are agreed

D

None of the above

Under the provisions of section 60A of the Transfer of Property Act, 1882, where a mortgagor is entitled to redemption, he may require the mortgagee, instead of retransferring the property, to assign the mortgage debt and transfer the mortgaged property to such third person as the mortgagor may direct then the mortgagor:

A

Is not bound to assign and transfer ccordingly

B

Is bound to assign and transfer accordingly

C

Is bound if the mortgagor assents

D

None of the above

Section 81 of the Transfer of Property Act, 1882, applies for the mortgage of immovable property and not to the hypothecation of:

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