Lawgist60AObligation to transfer to third party instead of re -transference to mortgagor
1[60A. Obligation to transfer to third party instead of retransference to mortgagor .-- (1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment of which he would be entitled to require a re-transfer, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly.
(2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance: but the requisition of any encumbrancer shall prevail over a requisition of the mortgagor and, as between encumbrancers, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer.
(3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession.]
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1. Sections 60A and 60B ins. by s. 23, ibid.
- 60 Right of mortgagor to redeem
- 60A Obligation to transfer to third party instead of re -transference to mortgagor
- 60B Right to inspection and production of documents
- 61 Right to redeem separately or simultaneously
- 62 Right of usufructuary mortgagor to recover possession
- 63 Accession to mortgaged property
- 63A Improvements to mortgaged property
- 64 Renewal of mortgaged lease
- 65 Implied contracts by mortgagor
- 65A Mortgagor‟s power to lease
- 66 Waste by mortgagor in possession
