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A person takes possession of privately owned land under a mortgage invalid solely for want of…

Section 59 of the Transfer of Property Act, 1882 ordinarily requires a registered instrument for a mortgage securing at least ₹100, with an exception for a mortgage by…

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A person takes possession of privately owned land under a mortgage invalid solely for want of registration and openly asserts the limited mortgagee interest adversely to the owner. Under Article 65 of the Limitation Act, 1963, how long must that adverse possession continue to acquire the limited interest by prescription?

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Answer and explanation

Correct answer B

Section 59 of the Transfer of Property Act, 1882 ordinarily requires a registered instrument for a mortgage securing at least ₹100, with an exception for a mortgage by deposit of title deeds. Mere occupation under an invalid mortgage does not establish a prescriptive interest. In Purusottam Das v. S. M. Desouza, AIR 1950 Ori 213, the court distinguished adverse possession of a limited mortgagee interest from possession adverse to full ownership. Under section 27 and Article 65 of the Limitation Act, 1963, the relevant period on the stated facts is 12 years from the start of adverse possession.

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Option A

Article 65 prescribes 12 years from the start of adverse possession for the circumstances stated.

Option B

The applicable period is 12 years from the start of adverse possession. The claim is limited to the mortgagee interest asserted against the owner.

Option C

Article 65 prescribes 12 years from the start of adverse possession for the circumstances stated.

Option D

Article 65 prescribes 12 years from the start of adverse possession for the circumstances stated.

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