Short bullet-point notes for the later sections of the Transfer of Property Act, 1882, continuing from Section 56 onwards

Short bullet-point notes for the later sections of the Transfer of Property Act, 1882, continuing from Section 56 onwards:

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5. Mortgages and Charges (Sections 56–104)

A. Types of Mortgages (Section 58)

• Simple Mortgage

• Mortgage by Conditional Sale

• Usufructuary Mortgage

• English Mortgage

• Mortgage by Deposit of Title Deeds

• Anomalous Mortgage

B. Mortgagor's Rights & Liabilities (Sections 60–66)

• Section 60: Right to redeem

• Section 61: Right to redeem multiple mortgages simultaneously

• Section 62: Right to recover possession in usufructuary mortgage

• Section 63A: Improvements to mortgaged property to benefit mortgagor

C. Mortgagee's Rights & Liabilities (Sections 67–77)

• Section 67: Right to foreclosure or sale

• Section 68: Right to sue for mortgage-money

• Section 72: Right of mortgagee in possession

• Section 76: Liability for mismanagement

D. Priority, Marshalling, Contribution (Sections 78–82)

• Section 78: Later mortgagee may be postponed if fraud is committed

• Section 81: Marshalling of securities for protection of subsequent creditors

• Section 82: Contribution among multiple mortgagors

E. Deposit in Court & Redemption (Sections 83–97)

• Section 83: Mortgagor may deposit redemption money in court

• Section 91: Persons entitled to sue for redemption

• Section 92: Subrogation rights

F. Charges (Section 100–101)

• Section 100: Charge = security without transfer of interest

• Section 101: No merger in case of subsequent encumbrance

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6. Leases of Immovable Property (Sections 105–117)

• Section 105: Lease = transfer of right to enjoy property for consideration

• Section 106: Standard lease durations in absence of contract

• Section 107: Leases ≥1 year require registration

• Section 108: Rights and liabilities of lessor and lessee

• Section 111: Modes of termination of lease

• Section 114: Relief against forfeiture for non-payment of rent

• Section 116: Holding over – tenant continues in possession after expiry

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7. Exchange (Sections 118–121)

• Section 118: Exchange = transfer of property for property (not money)

• Section 119–121: Rules similar to sale; includes rights in case of deprivation

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8. Gifts (Sections 122–129)

• Section 122: Gift = voluntary transfer without consideration

• Section 123: Requires registered instrument

• Section 126: Gift can be suspended/revoked under certain conditions

• Section 127: Onerous gifts – burden comes with gift

• Section 129: Exempts donatio mortis causa and Muslim gifts

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9. Actionable Claims (Sections 130–137)

• Section 130: Transfer must be in writing and signed

• Section 131: Notice must be served on debtor

• Section 132: Transferee gets rights, but subject to liabilities

• Section 137: TPA does not override negotiable instruments law

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