AI Overview...
- Urban Property and Lease by Mortgagee in Possession - Main points and insights:
- A mortgagee in possession may grant leases during the subsistence of the mortgage, but these leases generally cannot extend beyond the period of redemption (01800002581, 01700008201, 02500026117).
- Leases created by the mortgagee without the mortgagor's consent are not binding on the mortgagor after redemption, especially in urban immovable properties where Section 76(a) of the Transfer of Property Act does not apply (01800002581, 02100023960, 00100021944).
- A mortgagee with possession cannot create a lease that ensures rights beyond the redemption period; thus, such leases are often considered temporary and not binding on the mortgagor post-redemption (01300001850, 00100054522, 01100018006, 00400000830).
- Tenants inducted by mortgagees are generally not entitled to statutory protections under rent control laws if the mortgagee is in possession and has not created a binding tenancy agreement (01700008201, 01100018006).
- When a mortgage is redeemed, the property should be returned to the mortgagor, and any tenancy created by the mortgagee without proper binding agreement is not enforceable against the mortgagor (00100021944, 01800002581).
- Analysis and Conclusion:
- In urban immovable properties, the mortgagee's authority to create leases is limited; such leases are typically temporary and cease upon redemption.
- Leases or tenancies created without the mortgagor's consent or outside the scope of the mortgage deed are generally not binding after redemption.
- The law emphasizes that the mortgagee's rights are subordinate to the mortgagor's rights post-redemption, and statutory protections for tenants depend on the nature of the tenancy and compliance with applicable laws.
- Overall, the legal framework restricts mortgagees in possession from creating long-term leases that bind the mortgagor after redemption, reinforcing the principle that property rights revert to the mortgagor upon redemption of the mortgage.
Search Results for "Urban Property does Not Apply Lease by Mortgagee in Possession of Mortgage"
1999 0 Supreme(HP) 162 • India - Himachal Pradesh
M.R.VERMA
Champa Devi, who had mortgaged the property to Malo Devi. ... TENANCY - MORTGAGE - TENANCY CREATED BY MORTGAGEE - BINDING ON MORTGAGOR - CONDITIONS - TENANCY CREATED BY MORTGAGEE WITHOUT CONSENT ... in the mortgage deed is not binding on the mortgagor after redemption. ... The Court observed that that was so because Section 76(a) could not apply to a case of urban immovable property and hence a #H....
1980 0 Supreme(Mad) 49 • India - Madras
NATARAJAN, RATNAVEL PANDIAN, PADMANABHAN
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960-An usufructuary mortgagee inducting tenant in to possession-Mortgager filing ... suit for possession after redemption of mortgage-Claim of tenant for statutory protection under the Act if tenable. ... This is so, because Section 76(a) cannot apply to a case of urban immoveable property and hence a lease created by the mortgagee in p....
1988 0 Supreme(SC) 695 • India - Supreme Court
S.RANGANATHAN, SABYASACHI MUKHARJEE
property by a mortgagee with possession when the tenancy of the tenant is not binding on the mortgagor after the red emption of the ... , beyond the terms of the mortgage, the mere fact that the mortgage deed authorises the mortgagee with possession to induct a tenant ... the property should be redelivered to the mortgagor by the mortgagee on redemption clearly indicates that the mortgage deed did....
1977 0 Supreme(Guj) 51 • India - Gujarat
A.M.AHMADI, D.A.DESAI
- If tenant claims to come in possession mortgagee with possession a decree for possession against mortgagee would be binding tenant ... provided that mortgage security was in possession mortgagee he must retain the rent recovered and give credit for the same towards ... him - Court see no Substance contention - Mortgagee was a party suit Mortgagee was in possession - Tenant claims title #HL_STAR....
1984 0 Supreme(Raj) 176 • India - Rajasthan
K.S.SIDHU, G.K.SHARMA, P.K.BANERJEE
duty to manage the mortgaged property as a person of ordinary prudence would manage it if it were his own. * A mortgagee in possession ... Finding of the Court: The Court held that a tenant of a mortgagee in possession is not entitled to the protection of ... Final Decision: The Court answered the question in the negative, holding that a tenant of a mortgagee in possession is not ... (Q. 1) Section 76(a) of the ....
2014 7 Supreme 321 • India - Supreme Court
deed tenants of the mortgagee could not become tenants of the mortgagor on taking possession. ... of the suit property was not handed over to the plaintiffs even after the redemption of the mortgaged property. ... the mortgage deed did not bind the mortgagor to tenancies created by mortgagee – There is nothing to entitle the mortgagee’s tenants ... There urban immovable property ....
1976 0 Supreme(Guj) 53 • India - Gujarat
B.J.DIVAN, D.A.DESAI, S.N.PATEL
immovable property by a mortgagee with possession and rights that we have consider aagainst mortgagor after mortgaged property has ... under mortgage deed expressly prohibiting mortgagee with possession from granting a lease parties will be thrown back on rights ... circumstances we answer question as indicated - Our answer is that a tenant inducted on property by a mortgagee with posses....
1987 0 Supreme(Del) 345 • India - Delhi
G.C.JAIN, S.S.CHADHA, SUNANDA BHANDARE
leases and not to urban property. ... A mortgagee in possession may grant a lease but he cannot create a lease of the mortgaged property which may ensure beyond the termination ... RENT CONTROL - TENANCY - MORTGAGEE IN POSSESSION - LEASE - REDEMPTION - PROTECTION - APPLICABILITY OF RENT CONTROL ACT. ... A mortgagee in possession may grant a #HL....
1957 0 Supreme(Bom) 62 • India - Bombay
J.C.SHAH
A mortgagee cannot create a lease of the mortgaged property which is to enure beyond the redemption of the mortgage itself. 2. ... The owner of the property which is the subject of a mortgage with possession cannot be considered a landlord of the mortgagees tenants ... MORTGAGE - REDEMPTION - POSSESSION - BOMBAY RENT ACT - APPLICABILITY - RELATIONSHIP OF LANDLORD AND TENANT - TENANT OF M....
1974 0 Supreme(All) 40 • India - Allahabad
K.B.ASTHANA, M.N.SHUKLA, K.C.AGRAWAL
A mortgagee in possession can let out the mortgaged premises during the subsistence of the mortgage, and the rights of the person ... The court held that a mortgagee in possession can let out the mortgaged premises during the subsistence of the mortgage, and the ... Whether a mortgagee in possession can let out the mortgaged premises during the subsistence of the mortgage, and wh....
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