Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Mortgage By Conditional Sale

Wednesday, December 22, 2010
Mortgage By Conditional Sale

Mortgage by conditional sale — To constitute mortgage by conditional sale, condition regarding payment of the mortgage money as a condition for transfer of the property to the seller must be embodied in the sale-deed itself — If the sale deed and the covenant for reconveyance are contained in separate documents, sale deed will not constitute a transaction of mortgage by conditional sale — Transfer of Property Act, 1882, Section 58(c) — K. Simrathmull v. Nanjalingiah Gowder AIR 1963 SC 1182 referred.

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