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Section 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 1[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 2[or arty 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 3[the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.
Source: official text of The Transfer of Property Act, 1882 as published on India Code (PDF). All sections of the Transfer of Property Act, 1882.