Under section 67 of the Transfer of Property Act, 1882, which mortgage type gives the mortgagee a right…
Section 67 permits a mortgagee by conditional sale to sue for foreclosure when the statutory conditions are met. An anomalous mortgagee may also do so where the mortgage…
Choose your answer
Under section 67 of the Transfer of Property Act, 1882, which mortgage type gives the mortgagee a right to sue for foreclosure when the statutory conditions are met?
Answer and explanation
Correct answer B
Section 67 permits a mortgagee by conditional sale to sue for foreclosure when the statutory conditions are met. An anomalous mortgagee may also do so where the mortgage terms confer that right.
Option feedback
Option A
A usufructuary mortgagee as such is not authorised to institute a foreclosure suit.
Option B
A mortgagee by conditional sale is within the foreclosure class in section 67.
Option C
A simple mortgagee can seek sale, but does not have the foreclosure remedy under section 67.
Option D
An English mortgage is not within the foreclosure class in section 67.
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