Usufractury mortgage

Querist :
Anonymous
(Querist) 18 November 2010
This query is : Resolved
limitation of redemption if usufractury mortgage

Guest
(Expert) 18 November 2010
As per my opinion
"In case of usufructuary mortgage, where no time limit is fixed to seek redemption, the right to seek redemption would not arise on the date of mortgage but will arise on the date when the mortgagor pays or tenders to the mortgagee or deposits in Court, the mortgage money or the balance thereof. Thus, it is held that once a mortgage always a mortgage and is always redeemable."
bUT I AM STILL WAITING THE VIEWS OF MY LEARNED SENIOR EXPERTS......