Transfer of Property Act Section 98 — Rights and liabilities of parties to anomalous mortgages

CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Anomalous Mortgages

General

Summary

In an anomalous mortgage, the rights and duties of the people involved are decided by what they agreed to in the written mortgage deed. If the deed does not cover a particular issue, then the local customs or practices of the area will fill in the gap.

Official Text

In the case of 3[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.