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Supreme Court of India
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Civil Law
Bare Acts
The Transfer of Property Act, 1872
Section 51-96
Section 51
Section 52
Section 53
Section 53-A
Section 54
Section 55
Section 56
Section 57
Section 58
Section 59
Section 59-A
Section 60
Section 60-A
Section 60-B
Section 61
Section 62
Section 63
Section 63-A
Section 64
Section 65
Section 65-A
Section 66
Section 67
Section 67-A
Section 68
Section 69
Section 69-A
Section 70
Section 71
Section 72
Section 73
Section 74
Section 75
Section 76
Section 77
Section 78
Section 79
Section 80
Section 86-90
Section 81
Section 82
Section 83
Section 84
Section 85
Section 91
Section 92
Section 93
Section 94
Section 95
Section 96
Section 65-A- Mortgagor's power to lease

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.
(a) Every such lease shall be such as would be made in the ordinary course of management of the property concerned, and in accordance with any local law, custom or usage.

(b) Every such lease shall reserve the best rent that can reasonably be obtained, and no premium shall be paid or promised and no rent shall be payable in advance.

(c) No such lease shall contain a covenant for renewal.

(d) Every such lease shall take effect from a date not later than six months from the date on which it is made.

(e) In the case of a lease of buildings, whether leased with or without the land on which they stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re-entry on the rent not being paid with a time therein specified.
The provisions of sub-section (1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of sub-section (2) may be varied or extended by the mortgage-deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section.
@2014 Indian Law

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