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ORMORM Manickavasagam Chetty V TJ McGregor

 ORMORM Manickavasagam Chetty Versus TJ McGregor Essay

ORMORM Manickavasagam Chetty v TJ McGregor [1933] MLJ 295 Facts:

App by one of the two joint-owners for removal of caveat. Among the co-owner with the land pay in the title with R to getting a loan. Prior to deposit of title with R by said co-owner, the co-owners of the property agreed to subdivide the property and later on to execute a cross-transfer. Collector of Land Income asked 3rd there�s r to deliver to him it of the IDT so that he can sub-divide the area. R succeeded. R later enforced the lien -- by accommodations a stipulation over the undivided half-interest from the said co-owner in the property. The stipulation was signed up with the Archivar of Titles. A believed that the loan had been misplaced when 3rd there�s r departed while using title. This individual wants R to withdraw his caveat so that cross-transfer can be carried out. (Because there was caveat, enrollment of transfer was declined. ) Organised:

S 134 of the Terrain Code:

If a lien is intended to be created above any land the operator may pay in his grant, lease of State property, certificate of title, or perhaps extract from the mukim sign-up, and the person with to whom the same has become deposited might present a caveat. After registration of such stipulation the loan shall be developed. IDT should be deposited towards the person who wished to enter into a lien-holder's stipulation Lien is definitely not developed upon put in of subject as it was just before (S 70 of Registration of Headings Enactment) but only after registration from the caveat. Mortgage may not be shed where control is no longer maintained. The test if the lien is existence is whether there is a caveat on the property or certainly not. (not whether the title continues to be in the own the lien-holder. Not having the title in ownership does not mean that the lien stopped to exist or the lien-holder had intended to give up the lien. Caveat was still in effect. Respondent was not a longer owning the part of it for the land over which the loan was created is not proof that the mortgage has halted to are present. He simply cannot withdraw the...

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