For a suit to recover surplus collections received by the mortgagee after the mortgage has been…
Under Article 61(c) of the Schedule to the Limitation Act, 1963, the period of limitation for a suit by a mortgagor to recover surplus collections received by the mortgagee…
Choose your answer
For a suit to recover surplus collections received by the mortgagee after the mortgage has been satisfied, the period of limitation is:
Answer and explanation
Correct answer D
Under Article 61(c) of the Schedule to the Limitation Act, 1963, the period of limitation for a suit by a mortgagor to recover surplus collections received by the mortgagee after the mortgage has been satisfied is 3 years, commencing from when the mortgagor re-enters on the mortgaged property.
Option feedback
Option A
Incorrect. Twelve years is the period under Article 61(b) to recover possession of mortgaged immovable property later transferred by the mortgagee for valuable consideration.
Option B
Incorrect. Thirty years is the period under Article 61(a) for redemption or recovery of possession of mortgaged immovable property.
Option C
Incorrect. Article 61(c) prescribes three years for this claim.
Option D
Correct. Under Article 61(c), the mortgagor has three years to recover these surplus collections, running from re-entry on the mortgaged property.
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CUET PG Law (LL.M.)
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