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CS Professional · Drafting, Pleadings and Appearances · Drafting of Agreements, Deeds and Documents

A draftsman is preparing a request letter from a mortgagor to a mortgagee seeking inspection under Section 60B of the Transfer of Property Act, 1882. Which description of the documents sought is consistent with the section?

The request should seek documents of title relating to the mortgaged property which are in the custody or power of the mortgagee. Section 60B does not extend to the mortgagee's general books, other borrowers' papers, or only the mortgage deed itself.

  1. AAll books of account of the mortgagee bank
  2. BDocuments of title relating to the mortgaged property which are in the custody or power of the mortgageeCorrect
  3. CAny document held by the mortgagee relating to its other borrowers
  4. DOnly the original mortgage deed, but not other title documents

Explanation

Section 60B covers documents of title relating to the mortgaged property that are in the mortgagee's custody or power. The mortgagee's own books or other borrowers' records fall outside it. The section is not limited to the mortgage deed alone.

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