Transfer of Property Act Section 65A — Mortgagor’s power to lease
CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Rights and Liabilities of Mortgagor
General
Summary
A mortgagor who is lawfully in possession of the mortgaged property has the power to lease it, and such a lease will be binding on the mortgagee. However, this lease must be made in the ordinary course of managing the property, follow any local law or custom, and charge the best rent reasonably obtainable, with no premium or advance rent. The lease cannot include a renewal clause, must start within six months of being made, and if it involves buildings, it cannot last more than three years and must include a rent payment covenant and a re-entry condition for non-payment. This power applies only if the mortgage deed does not state otherwise, and the mortgage deed can change or extend these lease conditions.
Official Text
(1) 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.
(2)
(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 it 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 within a time therein specified.
(3) 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.]