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The mortgagor is bound to pay interest at the rate of _________ per annum, where no rate is fixed on…

Section 63A(2) of the Transfer of Property Act, 1882 concerns qualifying improvements made at the mortgagee’s expense, including those necessary to preserve the property or…

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The mortgagor is bound to pay interest at the rate of _________ per annum, where no rate is fixed on the principal, for the proper cost incurred for improvements under Section 63A(2) of the Transfer of Property Act, 1882:

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Answer and explanation

Correct answer B

Section 63A(2) of the Transfer of Property Act, 1882 concerns qualifying improvements made at the mortgagee’s expense, including those necessary to preserve the property or keep the security sufficient, or made under a lawful order of a public servant or authority. In the absence of a contrary contract, the mortgagor pays the proper cost as an addition to the principal with interest at the principal rate, or nine per cent per annum if no such rate is fixed. Any profits from the improvement are credited to the mortgagor.

Option feedback

Option A

Incorrect. Six per cent (6%) is not the default statutory rate of interest under Section 63A(2) of the Transfer of Property Act, 1882.

Option B

Correct. Section 63A(2) of the Transfer of Property Act, 1882 expressly prescribes interest at the rate of 9% per annum where no rate of interest is fixed on the principal.

Option C

Incorrect. Twelve per cent (12%) is not the statutory default rate under Section 63A(2).

Option D

Section 63A(2) prescribes nine per cent per annum when no rate is fixed on the principal.

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