Transfer of Property Act, 1882 · Chapter IV: Of Mortgages of Immoveable Property and Charges · Rights and Liabilities of Mortgagor
Section 62: Right of usufructuary mortgagor to recover possession
In plain words
In a usufructuary mortgage, the borrower can recover possession and the documents once the lender has recovered the debt from the rents and profits, or, where only part was to come from them, once the term ends and the balance is paid or deposited.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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 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 [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 [the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.