1.

INTRODUCTION

The transfer of property law deals with mortgage. Under section-58(a), ‘mortgage’, ‘mortgagee’,
‘mortgage-money’, and ‘mortgaged deed’ are defined. It says “a mortgage is the transfer of an
interest in specific immovable property for the purpose of securing the payment of money
advanced or to be advanced by way of loan, an existing or future debt or the performance of an
engagement which may give rise to pecuniary liability.

The transferor is called a mortgagor, the transferee, a mortgagee; the principal money and interest
and interest of which payment is secured for the time being are called the mortgage-money, and
the instrument (if any) by which the transfer is effected is called a mortgage- deed.” There are
different kinds of mortgage namely simple mortgage, mortgage by conditional sale, usufructuary
mortgage, English mortgage, mortgage by deposit of title-deeds and anomalous mortgage.

The English mortgage has the following characteristics:

i) The mortgager transfers the property absolutely to the mortgagee. The mortgagee,
therefore, is entitled to take immediate possession of the property. The transfer is
subject to the condition that the property shall be transferred on repayment of the loan.
ii) The mortgager also binds himself to pay the mortgage money on a certain date.
iii) In case of non-repayment, the mortgagee has the right to sell the mortgaged property
without seeking permission of the court in circumstances mentioned in section 69 of
the Transfer of property Act.

Aims and objectives

The researcher tends to:

1. Define the mortgage and English mortgage.

2. Analyse the circumstances of English mortgage.
3. Analyse the case laws relating to the English mortgage.
Research methodology

The researcher adopted doctrinal type of research methodology.

Sources of data

Primary source- Transfer of Property Act, 1882

Secondary source- books, journals, website.

Limitation of research

Researcher got few days to complete the research.