Section 82 The Transfer of Property Act, 1882

 


 Section 82 The Transfer of Property Act, 1882: 

Contribution to mortgage-debt.—1[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 2[subsequent] mortgagee.



Supreme Court of India Important Judgments And Leading Case Law Related to Section 82 The Transfer of Property Act, 1882: 

Kidar Lall Seal And Another vs Hari Lall Seal on 18 December, 1951

Babulal Badriprasad Varma vs Surat Municipal Corpn. & Ors on 2 May, 2008

State Of Rajasthan vs Mukanchand And Others on 26 February, 1964

M. L. Abdul Jabhar Sahib vs H. V. Venkata Sastri & Sons & Ors on 4 February, 1969

Raj Narain Pandey & Ors vs Sant Prasad Tewari & Ors on 31 October, 1972

Haryana Financial Corporation vs Gurcharan Singh And Anr on 13 December, 2013

Harbhajan Singh . vs State Of Punjab . on 4 December, 2019





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