Under the Transfer of Property Act, 1882, the remedy of 'foreclosure' is available under which one of…
Section 67 permits foreclosure by a mortgagee by conditional sale, and by an anomalous mortgagee where the terms authorize foreclosure. Foreclosure finally bars the…
Choose your answer
Under the Transfer of Property Act, 1882, the remedy of 'foreclosure' is available under which one of the following mortgages?
Answer and explanation
Correct answer A
Section 67 permits foreclosure by a mortgagee by conditional sale, and by an anomalous mortgagee where the terms authorize foreclosure. Foreclosure finally bars the mortgagor from redeeming. A simple or English mortgage ordinarily supports sale rather than foreclosure; a usufructuary mortgagee as such cannot seek foreclosure or sale. Only mortgage by conditional sale fits the listed alternatives.
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