# The Transfer of Property Act, 1882, Section 62: Right of usufructuary mortgagor to recover possession

- Act: The Transfer of Property Act, 1882 (Act 4 of 1882)
- In force from: 1882-07-01
- Ministry: Ministry of Law and Justice
- Source URL: https://indiacode.ecourtsindia.com/tp-act/section/62/

## Text

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.

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