Transfer of Property Act, 1882
Transfer of Property Act, 1882
IV · Section 62

Right of usufructuary mortgagor to recover possession

Synced on 04 Jul 2026Text as per India Code

In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 4[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 5[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 6 [the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.

Judgments on Section 62