Right of usufructuary mortgagor to recover possession
Section 62 of the Transfer of Property Act, 1882 deals with 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 [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 Act came into force on 01 Jul 1882.
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.
Section 62, The Transfer of Property Act, 1882 (Act 4 of 1882).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Surjit Kaur vs Kartar Singh
Court's Decision & Legal Precedent
In a usufructuary mortgage where no time limit is fixed for repayment of the mortgage money, the right of the mortgagor to redeem or recover possession commences not on the date of mortgage but on the date when the mortgage money is paid out of the rents and profits of the property or, where rents and profits partially satisfy the debt, on the date when the mortgagor pays or tenders the remaining balance to the mortgagee or deposits it in court. Consequently, the period of limitation of 30 years prescribed under Article 61 of the Limitation Act runs from such date of payment or deposit, not from the date of the mortgage itself. The mortgagor's right of redemption, being a statutory right under Section 62 of the Transfer of Property Act and rooted in equitable principles, cannot be extinguished merely by the passage of time; it persists until extinguished by act of the parties or by court decree.
On this section: Special provision dealing exclusively with usufructuary mortgagor's right to recover possession, distinguishing it from other mortgages; right accrues when mortgage money is paid out of rents and profits or on mortgagor's payment or court deposit
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 62
What have the courts held on Section 62 of the Transfer of Property Act?
Surjit Kaur vs Kartar Singh (21 Aug 2014) is the leading judgment on this section among those set out below: Special provision dealing exclusively with usufructuary mortgagor's right to recover possession, distinguishing it from other mortgages; right accrues when mortgage money is paid out of rents and profits or on mortgagor's payment or court deposit.
How do I find court cases under Section 62 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 62, section 62 TP Act, section 62 of the Transfer of Property Act. People searching for it also type section 62 tpa. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Surjit Kaur vs Kartar Singh (21 Aug 2014).
When did Section 62 of the Transfer of Property Act come into force?
Section 62 of the Transfer of Property Act, cited as TP Act 62, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.