Section 65 of TPA : Section 65: Implied Contracts By Mortgagor

Explanation using Example

Imagine John mortgages his house to SecureBank to get a loan. Under Section 65 of the Transfer of Property Act, 1882, unless there's a different agreement in place, John implicitly promises SecureBank that:

1. The house really belongs to John, and he has the authority to mortgage it.
2. John will protect the bank's rights to the house if someone else claims it's theirs.
3. John will pay any government taxes or charges for the house as long as the bank doesn't take over the property.
4. If the house is leased, John has been paying the rent and following the lease terms up until the mortgage started. He'll keep paying rent and follow the lease or any new lease, and cover any losses if he doesn't.
5. If John has other loans on the house that he needs to pay before the mortgage with SecureBank, he'll keep up with the interest payments and eventually pay off the principal on those earlier loans.

These promises stick with the mortgage rights, so if SecureBank sells the mortgage to another company, that company can count on the same promises from John.