Transfer of Property Act, 1882

Section - 65 - Implied contracts by mortgagor

Implied contracts by mortgagor

65. In the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee-

(a)-that the interest which the mortgagor professes to transfer to the mortgagee subsists, and that the mortgagor has power to transfer the same;
(b)-that the mortgagor will defend, or, if the mortgagee be in possession of the mortgaged property, enable him to defend, the mortgagor's title thereto;
(c)-that the mortgagor will, so long as the mortgagee is not in possession of the mortgaged property, pay all public charges accruing due in respect of the property;
(d)-and, where the mortgaged property is a lease, that the rent payable under the lease, the conditions contained therein, and the contracts binding on the lessee have been paid , performed and observed down to the commenceme .... To read the full section download the app from Google Play store