Transfer of Property Act, 1882

Section - 62 - Right of usufructuary mortgagor to recover possession

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 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 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 t he mortgagee the mortgage-money or the balance thereof or deposits it in court hereinafter provided.
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