Siribohamy vs Rattaranhamy – clr volume 1 page 036

In the case between the plaintiff, an heir seeking redemption of two usufructuary mortgages (jointly executed by himself and his deceased father and by his father alone), and the defendant, the mortgagee in possession, the court addressed whether an heir may redeem such mortgages without obtaining letters of administration and under what conditions such redemption should be effected. The holding established that any heir who has inherited property subject to a usufructuary mortgage may maintain a suit for redemption without letters of administration. The decision further clarified that redemption must not infringe upon the mortgagee’s entitlements under a usufruct, specifically regarding possession and crop proceeds (tattumaru). If redemption adversely affects these rights, monetary compen