Explain the following: Appointment, power and functions of Receiver under Mortgage.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2019
Explain the following: Appointment, power and functions of Receiver under Mortgage.
Answer & Explanation:
Appointment of Receiver Under Section 69A of the Transfer of Property Act, 1882 a mortgagee having the right to exercise the power to sell is entitled to appoint by writing signed by him or on his behalf a Receiver of the income of the mortgaged property or any part thereof. Any person who has been named in the mortgage deed and is willing and able to act as a Receiver may be appointed by a mortgagee. If any person has been so named or if the person or persons are not capable and unwilling to act or are dead, the mortgagee may appoint any person to whose appointment the mortgagor agrees. Failing such an agreement the mortgagee shall be entitled to apply to the Court for appointment of a Receiver and any person appointed by the Court shall be deemed to have been duly appointed by the mortgagee. Powers and Functions of Receiver The following powers and functions of the Receiver have been set out in the Section 69A of the Transfer of Property Act, 1882: A receiver appointed under the powers conferred by this section shall be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver's acts or defaults, unless the mortgage-deed otherwise provides or unless such acts or defaults are due to the improper intervention of the mortgagee. The receiver shall have power to demand and recover all the income of which he is appointed receiver, by suit, execution or otherwise, in the name either of the mortgagor or of the mortgagee to the full extent of the interest which the mortgagor could dispose of, and to give valid receipts accordingly for the same, and to exercise any powers which may have been delegated to him by the mortgagee in accordance with the provisions of this section. A person paying money to the receiver shall not be concerned to inquire if the appointment of the receiver was valid or not. The receiver shall be entitled to retain out of any money received by him, for his remuneration, and in satisfaction of all costs, charges and expenses incurred by him as receiver, a commission at such rate not exceeding five per cent on the gross amount of all money received as is specified in his appointment, and, if no rate is so specified, then at the rate of five per cent on that gross amount, or at such other rate as the Court thinks fit to allow, on application made by him for that purpose. The receiver shall, if so directed in writing by the mortgagee, insure to the extent, if any, to which the mortgagee might have insured, and keep insured against loss or damage by fire, out of the money received by him, the mortgaged property or any part thereof being of an insurable nature. The Receiver is required to apply all money received by him as follows: in discharge of all rents, taxes, land revenue, rates and outgoings whatever affecting the mortgaged property; in keeping down all annual sums or other payments, and the interest on all principals sums, having priority to the mortgage in right whereof he is Receiver; in payment of his commission, and of the premiums on fire, life or other insurances, if any, properly payable under the mortgage deed or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgagee; in payment of the interest falling due under the mortgage; in or towards discharge of the principal money, if so directed in writing by the mortgagee.
Topics: Transfer of Property Act, 1882
Related Questions in this Topic
- Write down the mode of transfer of Actionable Claim.
- Write notes on the following: Surrender of Lease and its impact.
- In the light of judicial pronouncements, discuss the following: Revocation of gift.
- Draft a deed of assignment of the business debts with assumed data.
- Draft a plaint in a suit for demolition of construction made by the defendant on the plaintiff's vacant land. The plaint...