The question (15 marks)
Define a mortgage and distinguish the six kinds of mortgage recognised by section 58 of the Transfer of Property Act 1882, indicating in each case whether possession passes, whether there is personal liability, and what remedy the mortgagee has. (15 marks)
MU Module II, mortgage; pack ch. 04 and quick reference 3.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Sale, Mortgage and Charge of Transfer of Property.
Authorities you will need
- The definitions are statutory
- Ganga Dhar v Shankar Lal, Pomal Kanji Govindji and Shivdev Singh, on the redemption of long-term usufructuary mortgages
- Transfer of Property Act, s. 67, for the allocation of remedies
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.