Which of the following statements is true in the light of Section 66 of the Transfer of Property Act,…
Under Section 66 of the Transfer of Property Act, 1882 (Waste by mortgagor in possession), a mortgagor in possession of the mortgaged property is not liable to the mortgagee…
Choose your answer
Which of the following statements is true in the light of Section 66 of the Transfer of Property Act, 1882?
Answer and explanation
Correct answer B
Under Section 66 of the Transfer of Property Act, 1882 (Waste by mortgagor in possession), a mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will be rendered insufficient by such act. The Explanation to Section 66 explicitly defines when a security is insufficient: “A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due on the mortgage.”
Option feedback
Option A
Incorrect. The Explanation to Section 66 defines when a security is 'insufficient', not 'sufficient', unless the value exceeds the mortgage debt by 1/3 (or 1/2 for buildings).
Option B
Correct. This reproduces the exact statutory rule in the Explanation to Section 66 of the Transfer of Property Act, 1882.
Option C
Incorrect. The Explanation to Section 66 expressly lays down the test for when a security is deemed insufficient.
Option D
Section 66 provides an insufficiency test of one-third above the amount due, or one-half for buildings.
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