Question:
Which of the following is not a right of mortgagor?
Which of the following is not a right of mortgagor?
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The right of foreclosure and the right of redemption are co-extensive and reciprocal remedies.
Redemption is the mortgagor's right, while foreclosure is the mortgagee's remedy.
Redemption is the mortgagor's right, while foreclosure is the mortgagee's remedy.
Updated On: Jul 7, 2026
- Right of redemption
- Right to accession
- Right to reasonable waste
- Right of foreclosure
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The Correct Option is D
Solution and Explanation
Step 1: Understanding the Question:
The question requires us to identify which of the listed rights does not belong to the mortgagor (the person who borrows money and mortgages the property).
Step 2: Detailed Explanation:
• Right of Redemption (Section 60): This is the fundamental right of the mortgagor to get back the mortgaged property free from encumbrances upon payment of the mortgage debt.
• Right to Accession (Section 63): If the mortgaged property receives any accession (addition/improvement) during the mortgage, the mortgagor is entitled to such accession upon redemption.
• Right to Reasonable Waste (Section 66): A mortgagor in possession is not liable to the mortgagee for allowing the property to deteriorate or committing reasonable waste, provided the security remains sufficient.
• Right of Foreclosure (Section 67): This is the right of the mortgagee (the lender) to obtain a decree from the court debarring the mortgagor from redeeming the property.
It is a remedy for the lender when the mortgagor defaults, not a right of the borrower.
Step 3: Final Answer:
The right of foreclosure is a right of the mortgagee, not the mortgagor. Thus, Option D is the correct answer.
The question requires us to identify which of the listed rights does not belong to the mortgagor (the person who borrows money and mortgages the property).
Step 2: Detailed Explanation:
• Right of Redemption (Section 60): This is the fundamental right of the mortgagor to get back the mortgaged property free from encumbrances upon payment of the mortgage debt.
• Right to Accession (Section 63): If the mortgaged property receives any accession (addition/improvement) during the mortgage, the mortgagor is entitled to such accession upon redemption.
• Right to Reasonable Waste (Section 66): A mortgagor in possession is not liable to the mortgagee for allowing the property to deteriorate or committing reasonable waste, provided the security remains sufficient.
• Right of Foreclosure (Section 67): This is the right of the mortgagee (the lender) to obtain a decree from the court debarring the mortgagor from redeeming the property.
It is a remedy for the lender when the mortgagor defaults, not a right of the borrower.
Step 3: Final Answer:
The right of foreclosure is a right of the mortgagee, not the mortgagor. Thus, Option D is the correct answer.
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