09 Jun 2026 08:27 AM

Mortgage by Conditional Sale--Transaction Styled as Sale May Constitute Mortgage by Conditional Sale if Debtor-Creditor Relationship Subsists

The true nature of a property transaction must be determined by reading the document in its entirety, and not from the label or description assigned to it. A deed styled as a sale may, in substance, constitute a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act, 1882.

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