What period of limitation applies to a mortgagor’s suit to recover possession of mortgaged immovable…
Article 61(b) of the Schedule to the Limitation Act, 1963 gives the mortgagor twelve years for this suit, starting when the plaintiff learns of the transfer.
Choose your answer
What period of limitation applies to a mortgagor’s suit to recover possession of mortgaged immovable property that the mortgagee later transferred for valuable consideration?
Answer and explanation
Correct answer A
Article 61(b) of the Schedule to the Limitation Act, 1963 gives the mortgagor twelve years for this suit, starting when the plaintiff learns of the transfer.
Option feedback
Option A
Article 61(b) specifies twelve years for recovery of possession after the mortgagee transfers the mortgaged property for value.
Option B
Article 61(a) specifies thirty years for the separately listed suit to redeem or recover possession of mortgaged immovable property.
Option C
Article 61(c) specifies three years for recovery of surplus collections received by the mortgagee after the mortgage has been satisfied.
Option D
Article 61(b) specifies twelve years for this suit. It gives no one-year period.
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Himachal Pradesh Judicial Services
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CUET PG Law (LL.M.)
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