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Which section of the Transfer of Property Act, 1882 sets out the duties of a mortgagee who takes…

Section 76 requires a mortgagee in possession to manage the property prudently and use best endeavours to collect rents and profits.

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Which section of the Transfer of Property Act, 1882 sets out the duties of a mortgagee who takes possession of the mortgaged property?

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Answer and explanation

Correct answer D

Section 76 requires a mortgagee in possession to manage the property prudently and use best endeavours to collect rents and profits.

Option feedback

Option A

Section 77 concerns agreed receipts in lieu of interest and has a limited effect on some duties.

Option B

Section 78 concerns postponement of a prior mortgagee in favour of a subsequent mortgagee.

Option C

Section 79 addresses priority for a mortgage securing an uncertain amount where the maximum is expressed.

Option D

Section 76 sets out the obligations of a mortgagee who takes possession.

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