logo logo

What is Doctrine of Consolidation?

As per section 67 of Transfer of Property Act, the mortgagee has a right to seek relief by way of sale of the mortgaged property or by foreclosure after the mortgaged money has become due. Section 67(A) of the Act refers to consolidation of suits preferred under section 67. If the mortgagee holds two or more mortgages by the same mortgagor and money of each such mortgage has become due unless terms of mortgage does not provide any exception, the mortgagee is bound to sue for foreclosure or sale of all mortgages consolidated.