Section 65A - Mortgagor's power to lease : Transfer of Property Act, 1882
What is Mortgagor's power to lease? Section 65A of Transfer of Property Act, 1882
Section 65A of Transfer of Property Act 1882 : "Mortgagor's
power to lease"
65A. (1) Subject to the provisions of sub-section
(2), a mortgagor, while law fully in possession of
the mortgaged property, shall have power to make
leases thereof which shall be binding on the
(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 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 within a time therein
(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