Subject to section 67 of the Transfer of Property Act, 1882, which categories of mortgagee may sue for…
Section 67(a) limits foreclosure to a mortgagee by conditional sale or an anomalous mortgagee whose mortgage terms confer that right. A decree of foreclosure bars the…
Choose your answer
Subject to section 67 of the Transfer of Property Act, 1882, which categories of mortgagee may sue for foreclosure when the statutory conditions are met?
Answer and explanation
Correct answer B
Section 67(a) limits foreclosure to a mortgagee by conditional sale or an anomalous mortgagee whose mortgage terms confer that right.
A decree of foreclosure bars the mortgagor’s right to redeem.
Option feedback
Option A
A right of sale does not make an English mortgagee eligible to sue for foreclosure under section 67.
Option B
A mortgagee by conditional sale may qualify. An anomalous mortgagee may qualify when the mortgage terms confer that right.
Option C
An English mortgagee falls outside the foreclosure classes. An anomalous mortgagee needs authority under the mortgage terms.
Option D
Neither a simple mortgage nor possession as usufructuary mortgagee puts the mortgagee in the statutory foreclosure classes.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Karnataka Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision