Question

Transfer of Property Act Where the mortgagor ostensible sells the mortgaged property on condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute, is called-

Transfer of Property Act Where the mortgagor ostensible sells the mortgaged property on condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute, is called-

.

Option A: Anomalous mortgage
Option B: English mortgage
Option C: Usufructuary mortgage
Option D: Mortgage by conditional sale

Correct Answer

Option: d

Explanation

Clause (c) of section 58 of Transfer of Property Act: 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 a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale.

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