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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…

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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?

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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.

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