Legal Question in Telecomm Law in India
Transfer of property act
what is mean by subrogation,tacking& packing give good examples
2 Answers from Attorneys
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 .
Re: Transfer of property act
please read books in this regard
dictionaries will also help
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