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CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES · Rights and Liabilities of Mortgagor

Section 66: Waste by mortgagor in possession

The Transfer of Property Act, 1882

A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will be rendered insufficient by such act.

Explanation.—A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due on the mortgage.

Questions on this section

1 question in 4 of our papers cite Section 66. Try these from the free papers:

  1. 1. For the purposes of Section 66 of the Transfer of Property Act, 1882, a security consisting of buildings is insufficient unless the value of the mortgaged property exceeds the amount for the time being due on the mortgage by:

Practise questions on Transfer of Property Act