Mortgagor‟s power to lease
Section 65A of the Transfer of Property Act, 1882 deals with mortgagor‟s power to lease. Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgagee. The Act came into force on 01 Jul 1882.
1[65A. Mortgagor's power to lease.-- (1) Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgagee.
(2) (a) Every such lease shall be such as would be made in the ordinary course of management of the property concerned, and in accordance with any local law, custom or usage.
(b) Every such lease shall reserve the best rent that can reasonably be obtained, and no premium shall be paid or promised and no rent shall be payable in advance.
(c) No such lease shall contain a covenant for renewal.
(d) Every such lease shall take effect from a date not later than six months from the date on which it is made.
(e) In the case of a lease of buildings, whether leased it or without the land on which they stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re-entry on the rent not being paid within a time therein specified.
(3) The provisions of sub-section (1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of sub-section (2) may be varied or extended by the mortgage-deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section.]
Section 65A, The Transfer of Property Act, 1882 (Act 4 of 1882).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The agreement is therefore null and void. - Alternatively, the 1 st respondent had the power to execute lease agreements, and this power was one that was generally available with any mortgagor and independent of the powers granted under Section 65A of the Transfer of Property Act. The lease agreements entered into between the petitioners and the 1 st respondent were therefore valid and the petitioners were consequently entitled to protection from dispossession under Section 14 of the SARFAESI Act. - The contrary intention referred to in Section 65A(3) is in …
Questions about Section 65A
What does Section 65A of the Transfer of Property Act deal with?
Section 65A of the Transfer of Property Act is headed "Mortgagor‟s power to lease". [65A. Mortgagor's power to lease.-- (1) Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgagee.
How do I find court cases under Section 65A 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 65A, section 65A TP Act, section 65A of the Transfer of Property Act. People searching for it also type sec 65a tpa. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 65A of the Transfer of Property Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 65A of the Transfer of Property Act come into force?
Section 65A of the Transfer of Property Act, cited as TP Act 65A, 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 14 Oct 2026. This page is not a substitute for legal advice.