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Under section 67 of the Transfer of Property Act, 1882, which kind of mortgage listed here can entitle…

Foreclosure is a decree that bars the mortgagor from redeeming the property. Section 67(a) allows foreclosure for a mortgage by conditional sale or an anomalous mortgage…

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Under section 67 of the Transfer of Property Act, 1882, which kind of mortgage listed here can entitle the mortgagee to seek foreclosure?

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Answer and explanation

Correct answer A

Foreclosure is a decree that bars the mortgagor from redeeming the property.

Section 67(a) allows foreclosure for a mortgage by conditional sale or an anomalous mortgage whose terms confer that right, subject to the rest of section 67.

Option feedback

Option A

Section 67(a) recognises foreclosure for a mortgage by conditional sale, subject to the section’s requirements.

Option B

An English mortgage does not fall within the foreclosure categories in section 67(a).

Option C

A usufructuary mortgage does not fall within the foreclosure categories in section 67(a).

Option D

A simple mortgage does not fall within the foreclosure categories in section 67(a).

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