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Section 60 – Transfer of Property Act 1882

Transfer of Property Act 1882

 

60. Right of mortgagor to redeem.—

 

At any time after the principal money has become 1[due], the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgage-money, to require the mortgagee (a) to deliver 2[to the mortgagor the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], (b) where the mortgagee is in possession of the mortgaged property, to deliver possession thereof to the mortgagor, and (c) at the cost of the mortgagor either to re-transfer the mortgaged property to him or to such third person as he may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have registered an acknowledgement in writing that any right in derogation of his interest transferred to the mortgagee has been extinguished:

 

Provided that the right conferred by this section has not been extinguished by act of the parties or by 3[decree] of a Court.

 

The right conferred by this section is called a right to redeem and a suit to enforce it is called a suit for redemption.

 

Nothing in this section shall be deemed to render invalid any provision to the effect that, if the time fixed for payment of the principal money has been allowed to pass or no such time has been fixed, the mortgagee shall be entitled to reasonable notice before payment or tender of such money.

 

COMMENTS

 

Extinguishment of mortgage right

When a mortgagee acquires a portion of the equity of redemption, the mortgage is not extinguished completely. There can be only a pro tanto extinguishment of the mortgage right to the extent of the mortgagee acquiring the mortgagor’s interest and so far as the other sharer of the equity of redemption is concerned, the mortgage will subsist; Madhavan Nair v. Ramankutty Menon, AIR 1994 Ker 75.

 

Redemption of mortgage

During the continuation of tenancy if a contract of mortgage is created, the contract of lease would not get merged into contract of mortgage. On redemption of mortgage the leasehold rights get revived; M.C. Venkateshappa v. K.N. Sadashivaiah, AIR 2004 Kant 438.

 

Redemption of portion of mortgaged property.—Nothing in this section shall entitle a person interested in a share only of the mortgaged property to redeem his own share only, on payment of a proportionate part of the amount remaining due on the mortgage, except 4[only] where a mortgagee, or, if there are more mortgagees than one, all such mortgagees, has or have acquired, in whole or in part, the share of a mortgagor.

 

———————-

1. Subs. by Act 20 of 1929, sec. 22, for “payable”.

 

2. Subs. by Act 20 of 1929, sec. 22, for “the mortgage-deed, if any to the mortgagor”.

 

3. Subs. by Act 20 of 1929, sec. 22, for “order”.

 

4. Ins. by Act 20 of 1929, sec. 22.

 

 

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Transfer of Property Act 1882

 

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