Transfer of Property Act Section 67A — Mortgagee when bound to bring one suit on several mortgages

CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Rights and Liabilities of Mortgagee

General

Summary

If a lender holds two or more mortgages from the same borrower, and the lender has the right to get the same type of court order on each of them, then the lender must file one single lawsuit covering all those mortgages where the money is due. This rule applies unless the lender and borrower have agreed otherwise in a contract.

Official Text

A mortgagee who holds two or more mortgages executed by the same mortgagor in respect of each of which he has a right to obtain the same kind of decree under section 67, and who sues to obtain such decree on any one of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all the mortgages in respect of which the mortgage-money has become due.] 3[