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Under the Transfer of Property Act, 1882, a usufructuary mortgagee in possession is authorized to pay…

Section 62(a) makes payment of the mortgage money the relevant event when the mortgagee is authorized to pay it entirely from rents and profits. No fixed thirty-year or…

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Under the Transfer of Property Act, 1882, a usufructuary mortgagee in possession is authorized to pay the entire mortgage money from the property’s rents and profits. When may the mortgagor recover possession under section 62(a)?

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Answer and explanation

Correct answer A

Section 62(a) makes payment of the mortgage money the relevant event when the mortgagee is authorized to pay it entirely from rents and profits. No fixed thirty-year or ninety-nine-year term follows from that rule.

Option feedback

Option A

When the rents and profits have paid the mortgage money, section 62(a) permits recovery of possession.

Option B

Unilateral rescission is not the statutory trigger in these facts.

Option C

Section 62(a) turns on payment rather than the expiry of thirty years.

Option D

Section 62(a) does not set a ninety-nine-year holding period.

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