All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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33.

A transfer of an interest in specific immoveable 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 a pecuniary liability – is called

A: Sale
B: Gift
C: Mortgage
D: Lease

The answer is: C

Explanation

The correct option is C: Mortgage.

According to Section 58 of the Transfer of Property Act, 1882, a mortgage is defined as follows:

"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 a pecuniary liability."

A mortgage involves two parties: the mortgagor, who transfers the interest in the property, and the mortgagee, who receives the interest as a security for the loan or debt. The mortgagor retains the possession and ownership of the property, unless the terms of the mortgage provide otherwise. The mortgagee has the right to recover the money from the property in case of default by the mortgagor.

A sale is a transfer of ownership of property in exchange for a price paid or promised or partly paid and partly promised. A gift is a transfer of ownership of property without any consideration. A lease is a transfer of a right to enjoy immovable property for a certain time or in perpetuity in consideration of a price paid or promised or of money, a share of crops, service or any other thing of value¹. Therefore, none of these options match the definition given in the question.