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Showing posts with label mortgage by conditional sale. Show all posts
Showing posts with label mortgage by conditional sale. Show all posts
Monday, 13 September 2021

Whether the transaction will be mortgage by conditional sale if two contemporaneous documents sale and agreement to is repurchase executed between the parties?

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    It is further held therein that keeping  in view the proviso to Section 58(c) if the sale and agreement to  repurchase are embodied in s...
Monday, 13 January 2020

Basic principles for determining whether a document is mortgage by conditional sale or sale with option to repurchase

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Whether an agreement is a mortgage by conditional sale or sale with an option for repurchase is a vexed question to be considered in the ...
Sunday, 29 September 2019

How to compute limitation if period mentioned in instrument is as per vernacular calender?

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  In the case of Roshan Lal Vs. Chaudhari Bashir Ahmad MANU/UP/0069/1924 : AIR 1925 ALLAHABAD 138, the issue was regarding the starting po...
Thursday, 18 July 2019

Whether sale with condition of re-transfer is mortgage by conditional sale?

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However, the learned Counsel for the Plaintiff has contended that when the documents at Exhibits 24 and 14/1 is admitted by the Defendant ...
Wednesday, 5 June 2019

When plea of defendant that agreement of sale was mortgage by conditional sale is not tenable?

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The finding of the Court below that since the defendant had pleaded that it was a loan, therefore, the burden would be shifted on the plai...
Friday, 23 November 2018

Whether there will be implied surrender of tenancy on execution of mortgage deed?

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 In the facts of the present case, admittedly, there is no mention of the alleged tenancy in the mortgage deed. Moreover, the mortgage dee...
Wednesday, 30 May 2018

How to ascertain that a document is mortgage by conditional sale or sale with condition to repurchase?

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  The recitals reveal no reference to any loan taken or mortgage created with regard to any immovable property as security for such loan, ...
Sunday, 29 April 2018

How to ascertain whether a transaction is sale transaction or mortgage transaction?

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The recitals "your amount shall carry no interest and my fields will not carry any rent" indicate that the consideration receive...
Saturday, 10 March 2018

Whether right to seek sale of mortgaged property is available to mortgagee by conditional sale?

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 It is important to remember that mortgage is a transfer of interest in specific immovable property towards "security for repayment o...
Friday, 29 December 2017

How to decide whether particular transaction is mortgage by conditional sale or sale with condition of repurchase?

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 The question whether a transaction is a mortgage by conditional sale or a sale with a condition of re-purchase has to be decided on the b...
Thursday, 25 May 2017

Leading judgment on basic concept of mortgage

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   It is important to remember that mortgage is a transfer of interest in specific immovable property towards “security for repaymen...
Tuesday, 9 May 2017

How to determine whether particular document is mortgage by conditional sale or sale with option of repurchase?

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 In Tulsi and Others vs. Chandrika Prasad and Others  1 (2006) 8 SCC 322 this Court explaining difference between mortgage by conditiona...
Thursday, 8 December 2016

When Sale Deed would not constitute a mortgage by conditional sale?

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 As pointed out earlier, Exhibit D/1 Sale Deed executed by the 1st respondent-plaintiff in the instant case does not embody any condition ...
Friday, 30 September 2016

When plaintiff is not entitled to get reconveyance of mortgaged property?

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 If the Deed is read as it is, it clearly provides that if the Respondent failed to pay the amount within period of 10 years then the R...
Saturday, 28 May 2016

What is distinction between mortgage by conditional sale or sale with condition of repurchase?

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 Bare   reading   of   the registered Sale Deed dated 21.02.1980 shows that the plaintiff and his father sold the suit land to ...
Friday, 27 September 2013

Rules for interpretation whether a document is sale deed or mortgage deed

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  The Proviso to this clause was added by Section 19 of the Transfer of Property (Amendment) Act, 1929 (XX of 1929). The Proviso was intr...