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Under section 69(1) of the Transfer of Property Act, 1882, which circumstance does NOT by itself place…

Section 69(1) lists the categories allowing sale without court intervention; unpaid usufructuary rents are not an independent listed category. Existence of the power is…

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Under section 69(1) of the Transfer of Property Act, 1882, which circumstance does NOT by itself place a mortgage within a category permitting sale without court intervention? Assume the separate requirements for exercising any existing power are satisfied.

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Answer and explanation

Correct answer B

Section 69(1) lists the categories allowing sale without court intervention; unpaid usufructuary rents are not an independent listed category.

Existence of the power is distinct from its exercise, which also requires compliance with section 69(2).

Option feedback

Option A

An English mortgage with the stated excluded-party conditions is a category within section 69(1)(a); exercise remains subject to subsection (2).

Option B

Six months of unpaid usufructuary receipts does not itself confer the section 69 power; this is the excluded category.

Option C

An express deed power in favour of a government mortgagee is covered by section 69(1)(b).

Option D

An express deed power with the property in a specified town at execution is covered by section 69(1)(c).

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