Transfer of Property Act, 1882 · Chapter IV: Of Mortgages of Immoveable Property and Charges · Anomalous Mortgages
Section 98: Rights and liabilities of parties to anomalous mortgages
In plain words
In an anomalous mortgage, the parties' rights and duties are decided by their contract in the mortgage deed, and where it is silent, by local usage.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.