Zuripeshgi Lease: Distinction Between Zuripeshgi Lease and Usufructuary Mortgage.

What is Zuripeshgi Lease 

Zunpeshgi Lease bears a close resemblance to a usufructuary mortgage. A Zuripeshgi lease means a lease for a lump sum of money paid in advance.

What is Usufructuary Mortgage - 

Transfer of Property Act Defines a Usufructuary Mortgage, Where the mortgagor delivers possession [or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgagee, and authorizes him to retain such possession until payment of the mortgage money and to receive the rents and profits accruing from the property  [or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage-money, or partly in lieu of interest  [or] partly in payment of the mortgage-money, the transaction is called a usufructuary mortgage and the mortgagee a usufructuary mortgagee. 

Read in Detail: Usufructuary Mortgage: What is Usufructuary Mortgage and Characteristics of Usufructuary Mortgage?

Distinction Between Zuripeshgi Lease and Usufructuary Mortgage.

The points distinction between the Zuripeshgi Lease and Usufructuary Mortgage are as follows -

(1) In a usufructuary mortgage the relationship of debtor and creditor subsists whereas in Zuripeshgi lease this relationship does not exist

(2) In a usufructuary mortgage, the mortgage is entitled to retain possession of the mortgaged property until the mortgage money is satisfied While in a Zuripesshgi lease, the lessee remains in possession for a fixed time

(3) The delivery of possession is essential in both cases but in the usufructuary mortgage, the mortgagee sometimes executes a lease in favor of the mortgagor who retains possession and agrees to pay rents generally equivalent to the interest of the amount advanced This is not so in Zuripeshgi lease.

See Also...

1. Explain the general principles relating to secured loan. 

2. Sale of Immovable Property, Rights, and Liabilities of Buyer and Seller

3. Kinds of Property | Property Law 

4. Difference between Corporeal Property and Incorporeal Property

5. The Doctrine of Novation, Kinds of Novation