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Under section 67 of the Transfer of Property Act, 1882, which of these parties can seek foreclosure in…

A mortgagee by conditional sale can seek a foreclosure decree under section 67 once the statutory conditions are met. Section 67 also recognizes foreclosure by an anomalous…

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Under section 67 of the Transfer of Property Act, 1882, which of these parties can seek foreclosure in that capacity once the statutory conditions are met?

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Answer and explanation

Correct answer A

A mortgagee by conditional sale can seek a foreclosure decree under section 67 once the statutory conditions are met.

Section 67 also recognizes foreclosure by an anomalous mortgagee if the mortgage terms confer that entitlement.

Option feedback

Option A

Section 67 permits the mortgagee by conditional sale to seek foreclosure, subject to the section’s conditions.

Option B

The mortgagor as mortgagor does not have the mortgagee’s foreclosure remedy.

Option C

Section 67 limits foreclosure to a mortgagee by conditional sale or an anomalous mortgagee entitled to foreclose by the mortgage terms.

Option D

An English mortgagor cannot seek foreclosure in the capacity of mortgagor.

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