धारा 83: Power to deposit in Court money due on mortgage. Right to money deposited by mortgagor / Section 83 of the Transfer of Property Act, 1882.
धारा 83 — Power to deposit in Court money due on mortgage. Right to money deposited by mortgagor
| अधिनियम / Act | संपत्ति-अंतरण अधिनियम, 1882 (Act 4 of 1882) |
|---|---|
| धारा / Section | 83 |
| शीर्षक / Heading | Power to deposit in Court money due on mortgage. Right to money deposited by mortgagor |
| अध्याय / Group | अचल संपत्ति के बंधक और प्रभार / Chapter IV: Of Mortgages of Immoveable Property and Charges |
आधिकारिक पाठ (अंग्रेज़ी) / Official text
Power to deposit in Court money due on mortgage.—At any time after the principal money payable in respect of any mortgage has become due and before a suit for redemption of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any Court in which he might have instituted such suit, to the account of the mortgagee, the amount remaining due on the mortgage. Right to money deposited by mortgagor.—The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by 5law for the verification of plaints) stating the amount then due on the mortgage, and his willingness to accept the money so deposited in full discharge of such amount, and-on depositing in the same Court the mortgage-deed and all documents in his possession or power relating to the mortgaged property, apply for and receive the money, and the mortgage-deed, and all such other documents, so deposited shall be delivered to the mortgagor or such other person as aforesaid. Where the mortgagee is in possession of the mortgaged. property, the Court shall, before paying to him the amount so deposited, direct him to deliver possession thereof to the mortgagor and at the cost of the mortgagor either to re-transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been effected by a registered instrument) have registered an acknowledgment in writing that any right in derogation of the mortgagor's interest transferred to the mortgagee has been extinguished. 1. Subs. by Act 20 of 1929, s. 42, for s. 81. 2. Subs by s. 43, ibid., for the first paragraph. 3. Subs. by s. 43, ibid., for “second”. 4. Subs. by s. 44, ibid., for “has become payable”. 5. See the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order VI, rule 15. 6. Subs. by Act 20 of 1929, s. 44, for “if then in his possession or power”. 7. Ins. by s. 44, ibid.
संबंधित धारा / Nearby
- TPA 81: Marshalling securities
- TPA 82: Contribution to mortgage-debt
- TPA 84: Cessation of interest
- TPA 91: Persons who may sue for redemption
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स्रोत: India Code - The Transfer of Property Act, 1882 (केंद्रीय पाठ)। उत्तर प्रदेश के संशोधन इसमें शामिल नहीं। शैक्षणिक संदर्भ हेतु, कानूनी सलाह नहीं।