Principles Relating to Mortgage Suits
By
Y. Srinivasa Rao
Published In
AIR 2018 (Online)
Introduction
This article is an outcome of my considerable hard work if not to say the product of the reflective thinking to make it handy to the legal field not confined but being more useful to the legal profession as a sharpening tool on law of mortgages. This article gives a comprehensive picture right from basics to principles and precedents relating to law on mortgages. I hope that it is useful to advocates, law students and judicial officers while dealing with mortgage suits.
The suits relating to mortgages stand for the principle "once a mortgage, always a mortgage", meaning a borrower cannot contract to give up his automatic right to redeem title to his property once the debt is paid.The Transfer of Property Act, 1882 deals with the mortgage of immovable property in our country. Mortgage is the transfer of an interest in an immovable property for the purpose of securing a loan or the performance of an engagement. A mortgag ....