Transfer of Property Act, 1882—Section 56

Transfer of Property Act, 1882—Section 56—Concept of marshalling by subsequent purchaser—Held, can be explained by the following illustration:–

Illustration

Suppose A owns properties X and Y. Both these properties are mortgaged to C. Later, A sells property X to B. Now, B will be entitled to insist that his vendor A, shall satisfy his mortgage debt out of property Y (unsold) in the first instance as far as possible. If after property Y is exhausted there still remains balance of debt, only then property X will be drawn upon.