Transfer of Property Act, 1882
Transfer of Property Act, 1882 — section 62
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 mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgage],
(a)where the mortgagee is authorized to pay himself the mortgage-money from the rents and profits of the property,__when such money is paid;
(b)where the mortgagee is authorized to pay himself from such rents and profits 1 [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 1[the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.
This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.
