Mother mortgaged property her brother,can he seize the property

707 votes

According to Transfer of Property Act,
1. Section 67 of the act.At any time after the mortgagemoney has become due,the mortgagee has the right to obtain from the court,a decree for foreclosure.
2. The mortgagor has the right to sue for the mortgage money in the following four cases,section 68 of the act.
a. when the mortgagor binds to repay the money.
b. When the mortgagor's property is wholly or partly destroyed by any cause other than the wrongful act or default of the mortgagee.
c. When the mortgagee is deprived of the whole or part of his security.
d. When the mortgagee was entitled to possession of the mortgaged property and the mortgagor has failed to deliver it.
3. The mortgagee has the power to sell the mortgaged property without the intervention of the court,on default of payment of mortgage money by the mortgagor in the following three cases,Section 69 of the act.
a. When the mortgage is english mortgage between Non Hindus,Non Muslims,Non Mohammedans and member of the race or sect notified by the State Government to the Official Gazette.
b. When Government is the mortgagee,with the express provision of sale without intervention of teh court.
c. When the mortgaged property is situated at Calcutta,Madras,Bombay or any other gazetted town or area.
4. The mortgagee has the right of accession to the increased mortgaged property.

5. The mortgagee has the right of accession to the increased properties for renenwal of security.
6. If the mortgaged property is under lease,the mortgagee is entitled for renenwal of the lease for purpose of security.
7. The mortgagee has the right for reimbursement with interest for the money spent for purposes like preservation of mortgaged property etc...,
8. When a property is mortgaged for successive debts to successive mortgagees a mesne mortgagee has the same rights against mortgagee posterior to himself as he has against the mortgagor.

Advocate Siddhant Sharma LawRato