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When the mortgagee or, if there are several mortgagees, all the mortgagees, acquire by purchase or inheritance or otherwise, a share of the equity of redemption, the mortgage is extinguished pro tanto, and they may recover the balance of the debt against the residue of the property. This was decided in case of:

When the mortgagee or, if there are several mortgagees, all the mortgagees, acquire by purchase or inheritance or otherwise, a share of the equity of redemption, the mortgage is extinguished pro tanto, and they may recover the balance of the debt against the residue of the property. This was decided in case of: Correct Answer Bisheshar Dial v. Ram Sarup, (1900) 22 All 284

Related Questions

When a mortgagee acquires a portion of equity of redemption, the mortgage is not extinguished completely. There can be only a pro tanto extinguishment of the mortgage right to the extent of the mortgagee acquiring the mortgagor's interest and so far as the other sharer of the equity of redemption is concerned, the mortgagee will subsist. This was held in case of:
If the mortgagee buys a share in the equity of redemption but not a share in the property itself he has paid a higher price and the liability to discharge that share of the mortgage debt is on the mortgagor and not on him then:
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:
Legal subrogation occur in following ways:
(1) a puisne mortgagee redeeming a prior mortgage.
(2) a co-mortgagor's surety redeeming the mortgage.
(3) mortgagor's surety redeeming.
(4) a purchaser of the equity of redemption redeeming a mortgage.
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 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 . . . . . . . .
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
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:
Where the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the mortgaged property absolutely to the mortgagee subject to condition that the mortgagee will re-transfer it to the mortgagor upon payment of the mortgage-money, the transaction is called-
The rule entitling a subsequent mortgagee to compel prior mortgagee of two properties to satisfy the latter's mortgagee's debt out of the property not mortgaged to the former is called the rule of