Unit III · Law of Property

Kinds of mortgage and rights of mortgagor

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrument	Section	Name
Transfer of Property Act, 1882	58	Mortgage, mortgagor, mortgagee and kinds
Transfer of Property Act, 1882	60	Right of redemption

Landmark cases

Kreglinger v. New Patagonia Meat Co.

[1914] AC 25 · House of Lords

A mortgage cannot clog the equity of redemption.

Ganga Dhar v. Shankar Lal

AIR 1958 SC 770 · Supreme Court of India

Once a mortgage, always a mortgage; redemption is a statutory right.

Previous-year questions

Mapped 6 / 10 / 15-mark questions on this topic. Frequency is how many papers repeat the question.

6 Kinds of mortgage. · 2×
6 Kinds of leases. · 2×
6 Mortgage. · 2×
10 A transferred his property to an unborn person who is in his mother's womb. Decide the rights of the unborn person. · 2×
15 What are the rights and liabilities of the seller and the buyer before and after completion of sale? · 2×
15 Explain the different kinds of mortgages. · 2×
15 Explain sale and the rights and liabilities of parties to a sale. · 2×
6 Mortgage by conditional sale. · 1×
6 Rights of finder of goods. · 1×
6 Rights of Unborn Person. · 1×
6 English mortgage. · 1×
6 Simple Mortgage. · 1×
10 'A' finds the goods belonging to 'B', and spends Rs. 10,000/ - for maintenance of the same. Later 'B' comes to know about it and wants to recover his goods. Explain the rights and obligations of 'A' and 'B'. · 1×
10 A purchases property in the name of B. B sells the property to C without A's authority, A sues to recover property from C. Decide. 15.A transferred his immovable property to an unborn person who is in mother's womb. Decide the rights of unborn person. · 1×
15 Discuss executors of will and the rights and obligations of Legatees. · 1×
15 Define the term easement and explain different kinds of easements. · 1×
15 What are the Rights and liabilities of buyer and seller? Explain. · 1×
15 Define the term 'property' and explain what kinds of properties may be and may not be transferred. · 1×
15 Explain the rights and obligations of mortgagor and mortgagee. · 1×
15 Define mortgage. Explain the essentials for a valid mortgage. · 1×
15 Define Mortgage and what are the different kinds of Mortgage. · 1×
15 Define 'Mortgage' and explain different Kinds of Mortgages. · 1×
15 Define Easement. Explain the essential conditions to be fulfilled for enjoyment of easementary rights. · 1×
15 What is meant by mortgage? And what are the rights and liabilities of mortgagee? · 1×
15 Define transfer of property. What kinds of property cannot be transferred under the Transfer of Property Act, 1882? · 1×
15 Explain what is meant by easement and the different kinds of easements. · 1×