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royshoaib Tuesday, June 08, 2010 08:33 AM

Need help : Once A Mortgage always a Mortgage
 
AOA,
Friends .... i'm one of the regular visiter of this forum.... i am the student of law (second year) can u help me the get the solution of a question mostly repeated in past Paper of LLB (islamia Uni.)
[B]Q- Once a mortgage is always a mortgage [/B]( paper Transfer of property Act)

plz gide me...

thanks in advance.

Habib orakzai Wednesday, June 16, 2010 09:46 PM

it means, when a property is mortgaged it will remain mortgaged forever unless it is redeemed by mortgagor. it is an equitable maxim which provide security to the mortgagor. it says that if, mortgagor is unable to give mortgage money on time to the mortgagee then it does not authorizes mortgagee to sale or hold the property forever, but he would be laible to redeem the property to the mortgagor when he recieves the mortgage money.
so, in simple words, when a property is given in mortgage it will remain a mortgage property, whether the time for which it was made expires or the conditions on which it was made, is not fulfilled.


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