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KALYAN CITY
Kalyan City is a fast emerging residential township in Thane district of Maharashtra, India. Kalyan City is a central suburban town and resides 54 kms away in the north-eastern direction of Mumbai city. Kalyan City Life blog regularly keeps tracking and blogging about our vivid memories and unique life experiences in local areas. Witness an informative, pictorial and realistic inner scenes of Kalyan City.
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Most articles on Kalyan City Life Blog are compiled and published by Gaurav Akrani. Our article sources are based on the field research and regular support of Manoj Patil. KCL blog is SEO optimized and regularly tweaked by our visionary Prof. Mudit Katyani. Wildlife pictures and local videos are the contributions made by Dr. Sameer Akrani.
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Definition of Mortgage
A mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of mone y advanced or to be advanced by way of loan, and existing or future debt or the performance of an engagement which may give rise to a pecuniary liability.
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called a mortgagor.
3. Mortgagee : The transferee or the one to whom mortgage is given or the one who takes/accepts the mortgage is called a mortgagee. 4. Mortgage Aggrement : The legal document specifying terms, conditions, duties and obligations of parties involved in a mortgage contract is called Mortgage aggrement. 5. Mortgage Money : The principal money and interest of which payment is secured for the time being are called the mortgage money. 6. Mortgage Deed : The instrument (if any) by which the transfer is effected is called a mortgage deed.
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Essentials of a Mortgage
1. Specify immovable property : A mortgage is that the immovable property must be distinctly specified. 2. Consideration : The consideration of a mortgage may be either :01. The performance of a contract giving rise to a pecuniary liability, 02. money advanced or to be advanced by way of loan, or 03. an existing or future debt. 3. Transfer of an interest : According to the definition given above the third requisite of mortgage is that there should be a "transfer of an interest" of an immovable property for the purpose of securing the payment of money advanced by way of loan or for the purpose of securing the performance. The words "transfer of interest" signify that the interest which passes to the mortgage is not ownership or dominion, which notwithstanding the mortgage, resides in the mortgagor. This right is only an accessory right which is intended merely to secure the due payment of the debt. In mortgage, there is a transfer of a partial interest. 4. Parties : The person who transfers an interest in the property is called the mortgagor, the person to whom the interest is transferred is called the mortgagee. The mortgagor must be competent to transfer. Thus a minor cannot be a mortgagor but a minor can be a mortgagee.
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