CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES · Rights and Liabilities of Mortgagor

Section 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.

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 mortgager.

Footnotes in the official text

1.Subs. by s. 22, ibid., for “payable”.
2.Subs. by s. 22, ibid., for “the mortgage-deed, if any, to the mortgagor”.
3.Subs. by Act 20 of 1929, s. 22, for “order”.
4.Ins. by Act 20 of 1929, s. 22.

Leading cases

Seth Ganga Dhar v. Shankar Lal (1958)A term postponing redemption of a mortgage for eighty-five years was held not to be a clog on the equity of redemption, as the bargain was fair; the redemption suit filed before that period ended was premature.

Questions on this section

5 questions in 24 of our papers cite Section 60. Try these from the free papers:

1. On redemption under Section 60 of the Transfer of Property Act, 1882, the mortgagor may require the mortgagee either to re-transfer the mortgaged property to him or to a third person he directs, or to execute and (where the mortgage was by registered instrument) have registered an acknowledgement that the right transferred to the mortgagee has been extinguished. This is to be done at the cost of:
2. Under Section 60 of the Transfer of Property Act, 1882, a person interested in only a share of the mortgaged property can redeem his own share alone, on paying a proportionate part of the amount remaining due:
3. Under a power of sale validly exercisable under Section 69 of the Transfer of Property Act, 1882, mortgagee M auctions the mortgaged property and accepts P's bid, but no conveyance has yet been executed and registered. The mortgagor then tenders the whole amount due. Following Narandas Karsondas v. S.A. Kamtam (1977), the mortgagor:

Practise questions on Transfer of Property Act