Mandatory embodiment of conditions in mortgage by conditional sale

Under the proviso to Section 58(c) of the Transfer of Property Act, 1882, no transaction shall be deemed to be a mortgage by conditional sale unless the condition for reconveyance or repurchase is explicitly embodied in the document which effects or purports to effect the sale. (Hemalatha (D) by Lrs. v. Tukaram (D) by Lrs. | 2026 INSC 179)