Rights and liabilities of parties to anomalous mortgages
Section 98 of the Transfer of Property Act, 1882 deals with rights and liabilities of parties to anomalous mortgages. In the case of [an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage. The Act came into force on 01 Jul 1882.
In the case of 1[an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage.
Section 98, The Transfer of Property Act, 1882 (Act 4 of 1882).
Questions about Section 98
What does Section 98 of the Transfer of Property Act deal with?
Section 98 of the Transfer of Property Act is headed "Rights and liabilities of parties to anomalous mortgages". In the case of [an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage.
How do I find court cases under Section 98 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 98, section 98 TP Act, section 98 of the Transfer of Property Act. People searching for it also type tpa 98a and tampa 98 rock. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 98 of the Transfer of Property Act come into force?
Section 98 of the Transfer of Property Act, cited as TP Act 98, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.