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CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES · Anomalous Mortgages

Section 98: Rights and liabilities of parties to anomalous mortgages

The Transfer of Property Act, 1882

In the case of 1[an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage.

Footnotes in the official text

  1. 1.Subs. by Act 20 of 1929, s. 49, for certain words.

Questions on this section

1 question in 5 of our papers cite Section 98. Try these from the free papers:

  1. 1. Under Section 98 of the Transfer of Property Act, 1882, the rights and liabilities of the parties to an anomalous mortgage are determined by:

Practise questions on Transfer of Property Act