When a mortgagee acquires a portion of equity of redemption, the mortgage is not extinguished completely. There can be only a pro tanto extinguishment of the mortgage right to the extent of the mortgagee acquiring the mortgagor’s interest and so far as the other sharer of the equity of redemption is concerned, the mortgagee will subsist. This was held in case of:

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The Transfer of Property Act, 1872 (TPA) is a comprehensive statute that governs the legal process for transferring immovable property between two or more parties. The act defines "transfer of property" as an act by which a living person conveys property to one or more living people, or to themselves and other living people. The TPA covers both movable and immovable property, and defines the following types of transfers: Sale: An out-and-out transfer of property for money Mortgage: A transfer of a limited interest in property Lease: A transfer of the right to enjoy immovable property for... Show more

When a mortgagee acquires a portion of equity of redemption, the mortgage is not extinguished completely. There can be only a pro tanto extinguishment of the mortgage right to the extent of the mortgagee acquiring the mortgagor’s interest and so far as the other sharer of the equity of redemption is concerned, the mortgagee will subsist. This was held in case of:






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