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CS Professional · Drafting, Pleadings and Appearances · Laws relating to Drafting and Conveyancing

Asha Gupta mortgaged her shop to Bank A. Asha now wants to inspect and copy the title documents held by the mortgagee while her right of redemption still subsists. Under the Transfer of Property Act, 1882 (Section 60B), on what terms may she do so?

Asha may inspect and copy the title documents at reasonable times, on her request, at her own cost and by paying the mortgagee's costs and expenses, as long as her right of redemption subsists. She need not first repay the debt or obtain the Collector's permission.

  1. AOnly after the mortgage debt has been fully repaid
  2. BAt reasonable times, at her request and own cost, and on paying the mortgagee's costs and expenses in this behalfCorrect
  3. CFree of any cost, since she owns the property
  4. DOnly with permission of the Collector of Stamps

Explanation

Section 60B entitles a mortgagor, as long as the right of redemption subsists, to inspect and make copies, abstracts or extracts of title documents relating to the mortgaged property in the mortgagee's custody. This is at all reasonable times, at her request and own cost, and on payment of the mortgagee's costs and expenses. Repayment is not a precondition.

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