Question

Under Section 114 of the Transfer of Property Act, 1882 (Rights of Mortgagor), a mortgagor can:

Q: Answer-Under Section 114 of the Transfer of Property Act, 1882 (Rights of Mortgagor), a mortgagor can:

Section 114 provides that the mortgagor retains ownership of the mortgaged property and can enjoy and use it, subject to the mortgagees rights. The mortgagor may also create subsequent mortgages second mortgages on the same property. Section 60 grants the mortgagee the right to take possession if the mortgagor defaults. The mortgagor cannot transfer the property free of the mortgage without the mortgagees release. Citation Sections 59-60 and 114, Transfer of Property Act, 1882