Which section of the Transfer of Property Act, 1882 provides the right to foreclosure or sale?
Section 67 of the Transfer of Property Act, 1882 gives the mortgagee, once the mortgage money has become due, the right to obtain a decree for foreclosure or for sale,…
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Which section of the Transfer of Property Act, 1882 provides the right to foreclosure or sale?
Answer and explanation
Correct answer C
Section 67 of the Transfer of Property Act, 1882 gives the mortgagee, once the mortgage money has become due, the right to obtain a decree for foreclosure or for sale, subject to the restrictions in the section. Not every mortgagee has both remedies in every case; the remedy depends on the kind of mortgage. Sections 65 and 66 deal with the mortgagor's implied contracts and waste, and section 68 with the right to sue for the mortgage money.
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