Section 62 - Right of usufructuary mortgagor to recover possession : Transfer of Property Act, 1882

What is the Right of usufructuary mortgagor to recover possession? Section 62 of Transfer of Property Act, 1882

 

Section 62 of Transfer of Property Act 1882 : "Right of usufructuary mortgagor to recover possession"

62. In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee-

 

 

(a) where the mortgagee is authorized to pay himself the mortgage-money from the rents and profits of the property,-when such money is paid;

(b) where the mortgagee is authorized to pay himself from such rents and profits or any part thereof a part only of the mortgage-money,-when the term (if any), prescribed for the payment of the mortgage-money has expired and the mortgagor pays or tenders to the mortgagee the mortgage-money or the balance thereof or deposits it in Court as hereinafter provided.