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Banking & Financial AwarenessEasy

Mortgage of immovable property in India is governed by which of the following Acts?

  1. A.Indian Contract Act, 1872
  2. B.Transfer of Property Act, 1882
  3. C.Negotiable Instruments Act, 1881
  4. D.Banking Regulation Act, 1949

Correct answer

B. Transfer of Property Act, 1882

Explanation

The correct answer is B, the Transfer of Property Act, 1882. Section 58 of that Act defines a mortgage as the transfer of an interest in specific immovable property to secure a loan, and it names six kinds: simple mortgage, mortgage by conditional sale, usufructuary mortgage, English mortgage, mortgage by deposit of title deeds, which is also called an equitable mortgage, and the anomalous mortgage. Banks use the simple mortgage and the mortgage by deposit of title deeds most often in housing finance.

Option A, the Indian Contract Act of 1872, governs pledge and lien, which are charges on movable goods. Option C, the Negotiable Instruments Act of 1881, deals with cheques, bills of exchange and promissory notes. Option D, the Banking Regulation Act of 1949, governs the licensing and working of banks themselves, not the creation of security over land.

Read the full article: Loans, Advances and Interest Rates: MCLR to NPA

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