Section 56 of Transfer of Property Act - Marshalling by subsequent purchaser

Section 56 Transfer of Property Act Description

(a) Where immovable property subject to any incumbrances, whether immediately payable or not, is sold by the Court or in execution of a decree, or out of Court, the Court may, if it thinks fit, on the application of any party to the sale, direct or allow payment into Court,-

(1) in case of an annual or monthly sum charged on the property, or of a capital sum charged on a determinable interest in the property- of such amount as, when invested in securities of the Government of India, or of the State, the Court considers will be sufficient, by means of the interest thereof, to keep down or otherwise provide for that charge ; and

(2) in any other case of a capital sum charged on the property- of the amount sufficient to meet the incumbrance and any interest due thereon.

But in either case there shall also be paid into Court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses and interest, and any other contingency, except depreciation of investments, not exceeding one-tenth part of the original amount to be paid in, unless the Court for special reasons (which it shall record) thinks fit to require a larger additional amount.

(b) Thereupon the Court may, if it thinks fit, and after notice to the incumbrancer, unless the Court, for reasons to be recorded in writing, thinks fit to dispense with such notice, declare the property to be freed from the incumbrance, and make any order for conveyance, or vesting order, proper for giving effect to the sale, and give directions for the retention and investment of the money in Court.

(c) After notice served on the persons interested in or entitled to the money or fund in Court, the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions repecting the application or distribution of the capital or income thereof.

(d) An appeal shall lie from any declaration, order or direction under this section as if the same were a decree.

(e) In this section "Court" means (1) the High Court in the exercise of extraordinary original civil jurisdiction, (2) the Court of a District Judge within the local limits of whose jurisdiction the property or any part thereof is situate, (3) any other Court which [the Government] may, from time to time by notification in the Jammu and Kashmir Government Gazette, declare to be competent to exercise the jurisdiction conferred by this section.

Chapter IV

Of Mortgages of Immovable Property and Charges

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