धारा 82: Contribution to mortgage-debt / Section 82 of the Transfer of Property Act, 1882.
धारा 82 — Contribution to mortgage-debt
| अधिनियम / Act | संपत्ति-अंतरण अधिनियम, 1882 (Act 4 of 1882) |
|---|---|
| धारा / Section | 82 |
| शीर्षक / Heading | Contribution to mortgage-debt |
| अध्याय / Group | अचल संपत्ति के बंधक और प्रभार / Chapter IV: Of Mortgages of Immoveable Property and Charges |
आधिकारिक पाठ (अंग्रेज़ी) / Official text
Contribution to mortgage-debt.—Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage, and, for the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be its value at the date of the mortgage after deduction of the amount of any other mortgage or charge to which it may have been subject on that date. Where, of two properties belonging to the same owner, one is mortgaged to secure one debt and then both are mortgaged to secure another debt, and the former debt is paid out of the former property, each property is, in the absence of a contract to the contrary, liable to contribute rateably to the latter debt after deducting the amount of the former debt from the value of the property out of which it has been paid. Nothing in this section applies to a property liable under section 81 to the claim of the subsequent mortgagee. Deposit in Court
संबंधित धारा / Nearby
- TPA 79: Mortgage to secure uncertain amount when maximum is expressed
- TPA 81: Marshalling securities
- TPA 83: Power to deposit in Court money due on mortgage. Right to money deposited by mortgagor
- TPA 84: Cessation of interest
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स्रोत: India Code - The Transfer of Property Act, 1882 (केंद्रीय पाठ)। उत्तर प्रदेश के संशोधन इसमें शामिल नहीं। शैक्षणिक संदर्भ हेतु, कानूनी सलाह नहीं।