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Showing posts with the label usufructuary mortgage

Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023

Section 45 of The Bharatiya Nyaya Sanhita(BNS),2023 45. A person abets the doing of a thing, who— (a) instigates any person to do that thing; or (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration. A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. ...

types of mortgage

              Mortgage And Its Types (mention under section 58 of Transfer of Property Act,1882)  Mortgage is a transfer of some interest in immovable property.It is given by way of security for a loan.A person who takes a loan and gives some security for the repayment of the loan in the form of transfer of some interest in any immovable property, it is called a mortgage of property.The ownership of the property remain in the debtor but some of his interest in the property are transferred to the creditor who has given loan.In case advanced money could not recovered by the creditor,he can recover his money on the basis of his interest in that property.           Element of mortgage are:- a)Transfer of interest :-   Mortgage debt is not an actionable claim under this act but it is only a transfer of an interest in an immovable property.The interest is given by the mortgagor to the mortgagee and without transfer of an in...