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Limitation Act, 1963 — Article 61 — Usufructuary mortgage

Limitation Act, 1963 — Art. 61 — Usufructuary mortgage : There is no fixed time-limit for usufructuary mortgagor to seek redemption and recovery of possession of immovable property mortgaged. Right to seek redemption, would accrue not from date of creation of mortgage but from date of payment of mortgage money out of usufructs or partly out of usufructs and partly on payment or deposit by mortgagor as provided under S. 62 of TP Act. Until then, limitation would not start under Art. 61 and as such, mere expiry of period prescribed thereunder would not extinguish mortgagor’s right of redemption and entitle mortgagee to seek declaration of title and ownership over mortgaged property. Singh Ram v. Sheo Ram, (2014) 9 SCC 185

Transfer of property - usufructuary - mortgage - time limit - redemption

2014 STPL(Web) 532 SC SUPREME COURT OF INDIA (T.S. THAKUR, C. NAGAPPAN AND ADARSH KUMAR GOEL, JJ.) SINGH RAM (D) THR. L.RS. Appellants VERSUS SHEO RAM & ORS. Respondents Civil Appeal No.5198 of 2008 with Civil Appeal No. 7941 of 2014 @ S.L.P.(C) No. 26861 of 2008, Civil Appeal No. 1113 of 2009, Civil Appeal No. 7942 of 2014 @ S.L.P.(C) No. 2097 of 2009, Civil Appeal No. 7943 of 2014 @ S.L.P.(C) No. 6355 of 2009 Civil Appeal No. 5562 of 2009, Civil Appeal No. 7944 of 2014 @ S.L.P.(C) No. 22604 of 2009, Civil Appeal No. 7947 of 2014 @ S.L.P.(C) No. 23963 of 2009, Civil Appeal No. 8551 of 2009, Civil Appeal No. 7948 of 2014 @ S.L.P.(C) No. 25422 of 2011, Civil Appeal No. 7951 of 2014 @ S.L.P.(C) No. 34380 of 2011, Civil Appeal No. 7953 of 2014 @ S.L.P.(C) No. 1274 of 2012, Civil Appeal No. 7954 of 2014 @ S.L.P.(C) No. 1275 of 2012, Civil Appeal No. 5256 of 2012, Civil Appeal No. 7955 of 2014 @ S.L.P.(C) No. 19048 of 2012, Civil Appeal No. 7956-58 of 2014 @ S.L.P.(C) Nos. 772-...