TPA · IV — O F M ORTGAGES OF IMMOVEABLE P ROPERTY AND C HARGES

Section 62. Right of usufructuary mortgagor to recover possession

In force · As amended up to 2026-08

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[4] [together with the mortgagedeed 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[5] [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[6] [the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.

Source: India Code