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Section 62: Right of usufructuary mortgagor to recover possession.

The Transfer of Property Act, 1882Central Act · Act 4 of 1882

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

(a) where the mortgagee is authorised to pay himself the mortgage-money] from the rents and profits of the property.--when such money is paid:

(b) where the mortgagee is authorised to pay himself from such rents and profits [or arty 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.

Where this provision sits

ActThe Transfer of Property Act, 1882
Section62
Marginal noteRight of usufructuary mortgagor to recover possession.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted. . Ins. by s. 25, ibid.
  • substituted. . Subs. by s. 25, ibid., for "the interest of the principal money".
  • substituted. . Subs. by s. 25, ibid., for "the principal money".

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