A mortgagor sues the mortgagee to recover possession of mortgaged immovable property, and there has…
The mortgagor’s suit falls under Article 61(a), which prescribes thirty years from accrual of the right to redeem or recover possession.
Choose your answer
A mortgagor sues the mortgagee to recover possession of mortgaged immovable property, and there has been no transfer by the mortgagee for value. What limitation period does Article 61(a) of the Limitation Act, 1963 prescribe from accrual of the right to recover possession?
Answer and explanation
Correct answer C
The mortgagor’s suit falls under Article 61(a), which prescribes thirty years from accrual of the right to redeem or recover possession.
Option feedback
Option A
Article 61(c) uses three years for a distinct claim concerning surplus collections after satisfaction of the mortgage.
Option B
Article 61(b) uses twelve years where the mortgagee transfers for value. Article 63(b) separately covers a mortgagee’s own suit for possession.
Option C
Article 61(a) gives the mortgagor thirty years from accrual of the right to redeem or recover possession.
Option D
The Schedule expressly supplies a period and its starting point.
Practice for these exams
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Maharashtra Judicial Services
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CUET PG Law (LL.M.)
Subject revision