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Under the Transfer of Property Act, 1882, which of these mortgages gives the mortgagee the statutory…

Section 67(a) recognises foreclosure for a mortgagee by conditional sale and for an anomalous mortgagee entitled to foreclose under the mortgage terms. The English,…

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Under the Transfer of Property Act, 1882, which of these mortgages gives the mortgagee the statutory remedy of foreclosure, subject to section 67?

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Answer and explanation

Correct answer A

Section 67(a) recognises foreclosure for a mortgagee by conditional sale and for an anomalous mortgagee entitled to foreclose under the mortgage terms. The English, usufructuary and simple mortgage choices fall outside those classes.

Option feedback

Option A

Section 67(a) recognises foreclosure for a mortgagee by conditional sale.

Option B

An English mortgage is outside the foreclosure classes in section 67(a).

Option C

Section 67(a) excludes an usufructuary mortgagee as such from foreclosure.

Option D

A simple mortgage contemplates sale of the property to satisfy the debt. It is outside the foreclosure classes in section 67(a).

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