Question:

Marshalling securities under Section 81 of the Transfer of Property Act, 1882 means the entitlement of subsequent mortgagee to have the prior mortgage debt satisfied out of the property:

Updated On: Dec 14, 2024
  • Not mortgaged to him but to the prior mortgagee alone
  • Mortgaged commonly to him and to the prior mortgagee
  • Not mortgaged to him, but owned by the mortgager
  • None of the above
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The Correct Option is A

Solution and Explanation

Marshalling securities under Section 81 means that a subsequent mortgagee can have the prior mortgage debt satisfied from the property that was not mortgaged to him, but was mortgaged to the prior mortgagee.
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