Question

Courts ensure that there is no clog on the equity of redemption, in order to ______.

• A. Enforce absolute transfer of property by mortgagee
• B. Prevent undue restrictions on mortgagor's right to redeem
• C. Restrict the mortgagor to retain excess profits by redemption
• D. Abolish personal liability of the mortgagor by redemption
• A. Simple mortgage
• B. English mortgage
• C. Usufructuary mortgage
• D. Conditional sale mortgage
• A. presumed
• B. supposed
• C. genuine
• D. apparent
• A. Equitable mortgage is created by deposit of title deeds
• B. Transfer of Property Act enumerates six types of mortgages
• C. In English mortgage property is transferred to mortgagee
• D. Anamolous mortgage is used to refer to all types of mortgages
• A. he who is earlier in time is stronger in law
• B. he who is later in time is stronger in law
• C. he who is truthful is stronger in law
• D. he who is untruthful is weaker in law

Answer 1

The Correct Option is B

Step 1: Understand "Equity of Redemption". This is the fundamental right of a mortgagor (the borrower) to get their property back ("redeem" it) after paying off the mortgage debt.

Step 2: Understand "Clog on Redemption". A "clog" is any condition or provision in a mortgage agreement that obstructs or prevents the mortgagor from redeeming their property after paying the debt. The legal principle is "once a mortgage, always a mortgage," meaning the agreement cannot be turned into an outright sale.

Step 3: Connect the two concepts as per the passage. The passage states, "Courts scrutinize such arrangements to prevent clogs on the equity of redemption." This means courts look carefully at mortgage terms to ensure that the lender isn't putting unfair conditions that make it difficult or impossible for the borrower to get their property back. Therefore, the purpose is to prevent undue restrictions on the mortgagor's right to redeem.

Answer 2

Step 1: Locate the relevant information in the passage. The passage describes different types of mortgages. We need to find the description that matches "obtaining possession and rents."

Step 2: Read the description of "Usufructuary mortgage". The passage explicitly states: "A usufructuary mortgage grants the mortgagee possession and the right to receive rents and profits in lieu of interest or principal..."

Step 3: Match the description to the question. This description directly answers the question. In a usufructuary mortgage, the lender (mortgagee) takes possession of the property and collects rent from it instead of receiving cash payments for interest or principal from the borrower.

Answer 3

Step 1: Find the meaning of "ostensible". The passage uses "ostensible sale" in the context of a mortgage by conditional sale. "Ostensible" means something that appears to be true or is stated to be true, but is not necessarily so. It means "apparent," "seeming," or "on the surface."

Step 2: Understand the meaning of an antonym. An antonym is a word that means the opposite of another word.

Step 3: Evaluate the options.
(A) presumed, (B) supposed, and (D) apparent are all synonyms or have a very similar meaning to ostensible. They all describe something that appears to be true.
(C) genuine means something that is truly what it is said to be; authentic and real. This is the direct opposite of something that is merely "ostensible" or "apparent."

Answer 4

Step 1: Verify each statement using the passage.
(A): The passage says, "...mortgage by deposit of title deeds or equitable mortgage...". This links the two concepts, making the statement likely true based on the text.
(B): The passage explicitly states, "Section 58 of the Act enumerates six distinct types of mortgages...". This statement is true.
(C): The passage states, "An English mortgage entails... an absolute transfer of the property to the mortgagee...". This statement is true.
(D): The passage states, "...and anomalous mortgages, which do not fit into the above classifications." This means an anomalous mortgage is a specific category for mortgages that are not simple, conditional, usufructuary, etc. It is not a term for "all types of mortgages." This statement is false.

Step 2: Conclude the false statement. The statement that is "not true" according to the passage is (D).

Answer 5

Step 1: Analyze the maxim from the passage's context. The passage says, "...an earlier mortgage takes precedence based on the legal maxim, qui prior est tempore potior est jure." The context itself suggests that being "earlier" gives one a stronger legal position or "precedence".

Step 2: Translate the Latin words.
Qui: who
prior est: is first/earlier
tempore: in time
potior est: is stronger/more powerful
jure: in law/by right

Step 3: Combine the translation. Putting the words together, the maxim translates to: "He who is earlier in time is stronger in law." This principle means that when there are competing claims to the same property, the claim that was created first will generally be given priority.