Legal Question in Telecomm Law in India

Transfer of property act

what is mean by subrogation,tacking& packing give good examples


Asked on 10/23/07, 9:08 am

2 Answers from Attorneys

muhamed mustaque mk associates

Re: Transfer of property act

Subrogation means substitution,for the person redeeming is substituted for the encumbrabcer whom he ha paid off.Since your question under TP Act.It arises under TP Act when a person , who has ,in the property an interst of his own to protect , discharges a prior encumbrance.Thus person who discharges encumbrance would step into shoes of mortgagee if the property subject to mortgage.No subrogation arise when the payment was made voulantarily without any obligation.example. a co - mortgagor redeeming entire mortgage or purchaser of equity of redemption redeeming mortgage.

Tacking denotes the annexation of subsequent mortgage to some other charge, this understood in the context of TP Act.It also refer in other context also where prescriptive time anexed through different title holder .

Packing has no meaning inTP Act. It often refered as manipulative method to create majority in jury system or as in gerrymandry .

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Answered on 10/23/07, 9:34 am
G. M. Gupta gmguptaandassociates

Re: Transfer of property act

please read books in this regard

dictionaries will also help

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Answered on 11/04/07, 10:02 am


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