Rights and Liabilities of Mortgagor And Mortgagee - Drishti Judiciary
Mortgage is defined by Section 58 (a) of the Transfer of Residential Or Commercial Property Act, 1882 (TPA) as a transfer of an interest in specific immoveable residential or commercial property for the purpose of protecting the payment of cash advanced or to be advanced by way of loan, an existing or future debt, or the efficiency of an engagement which may give increase to a monetary (financial) liability. - The transferor is called a mortgagor, the transferee a mortgagee; the principal money and interest of which payment is secured for the time being are called the mortgage-money, and the instrument (if any) by which the transfer is affected is called a mortgage-deed.
Rights of a Mortgagor
The TPA offers privileges to a mortgagor in a mortgage-deed under Section 60 - 66, which are as follows:
- Right of mortgagor to redeem (Section 60).
- Right to move to the third celebration (Section 60A).
- Right to assessment and production of files (Section 60B).
- Right to redeem separately or at the same time (Section 61).
- Right of usufructuary mortgagor to recuperate ownership (Section 62).
Accession to mortgaged residential or commercial property (Section 63).
Improvements to mortgaged residential or commercial property (Section 63A).
Renewal of Mortgaged Lease (Section 64).
Implied Contracts by Mortgagor (Section 65).
- Mortgagor's power to lease (Section 65A).
Waste by mortgagor in ownership (Section 66)]
These provisions are explained as follows:
Right of Mortgagor to Redeem (Section 60).
- This arrangement provides that upon supplying affordable notice regarding the specified time and place, the mortgagor has the entitlement to redeem the home mortgage by paying the outstanding home mortgage amount and: - Require the mortgagee to deliver the mortgage-deed and the mortgaged residential or commercial property and documents in his belongings or under his power.