Section 67: Right to foreclosure or sale

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 67

Section 67 of the Transfer of Property Act, 1882 establishes the mortgagee's statutory remedies of foreclosure and judicial sale upon the mortgagor's default.

  • Core Legal Standard: Section 67 provides that in the absence of a contract to the contrary, the mortgagee has, at any time after the mortgage-money has become due.
  • Statutory Rights & Obligations: Before a decree for redemption has been made, a right to obtain from the court a decree that the mortgagor shall be absolutely debarred of his right to redeem (foreclosure), or a decree that the property be sold.

A usufructuary mortgagee can neither sue for foreclosure nor for sale.

Key Landmark Precedents:
  • State of Kerala v. Cochin Chemical Refineries Ltd (AIR 1968 SC 1361): The Supreme Court held that a simple mortgagee's remedy under Section 67 is to obtain a decree for judicial sale, and the right to sue arises the moment the mortgage debt falls due and default occurs.
  • Chhaganlal Keshavlal Mehta v. Patel Narandas Haribhai (1982) 1 SCC 223: The Supreme Court affirmed that the statutory remedies under Section 67 must be pursued strictly in accordance with Order 34 of the Code of Civil Procedure.
Legal Commentary:

Under modern commercial banking, while Section 67 requires filing a civil mortgage suit under Order 34 CPC, secured creditors possessing the status of 'banks or financial institutions' bypass Section 67 by enforcing securities directly under the SARFAESI Act, 2002 and the DRT Act, 1993.