Question

    In case of a property already subjected to mortgage:

    A It cannot be leased. Correct Answer Incorrect Answer
    B It can be leased by mortgagor. Correct Answer Incorrect Answer
    C It can be leased by mortgagee. Correct Answer Incorrect Answer
    D It can be leased by mortgagor when in possession. Correct Answer Incorrect Answer
    E It can be leased by mortgagee when in possession. Correct Answer Incorrect Answer

    Solution

    As per the Transfer of Property Act, 1882 S. 65 A S. 65A. Mortgagor's power to lease.-- (1) Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgagee.

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