TPA Section 62: Right of usufructuary mortgagor to recover possession

Transfer of Property Act, 1882 · Chapter 4: Mortgages of immovable property and charges

Read the chapter guide and take the quiz →

Also available in: हिंदी

62. Right of usufructuary mortgagor to recover possession.—In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property [together with the mortgage- deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee],— (a) where the mortgagee is authorised to pay himself the mortgage -money from the rents and profits of the property.—when such money is paid: (b) where the mortgagee is authorised to pay himself from such rents and profits [or any part thereof a part only of the mortgage -money],—when the term (if any), prescribed for the payment of the mortgage -money has expired and the mortgagor pays or tenders to the mortgagee [the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.

Official reference: Government of India reference, hosted by Andhra Pradesh High Court — checked: 30 September 2026.Central reference text reproduced from the linked government PDF, with footnotes and separately labelled state amendments left in the original. It includes the 2001/2003 changes and the 2019 territorial-extension note. The checking date is not a certification that every state rule is current. Consult the original schedule, territorial notifications and applicable state law separately.Read the original schedule and amendment notes

This text is for reference, not legal advice. Consult the official source for the authoritative text.

Other sections in this chapter