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

Section 61: Right to redeem separately or simultaneously

The Transfer of Property Act, 1882

1[A mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in the absence of a contract to the contrary, when the principal money of any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately, or any two or more of such mortgages together.]

Footnotes in the official text

  1. 1.Subs. by s. 24, ibid., for s. 61.

Questions on this section

2 questions in 6 of our papers cite Section 61. Try these from the free papers:

  1. 1. Consider the following statements under the Transfer of Property Act, 1882: 1. A mortgagor who has executed two mortgages in favour of the same mortgagee may, in the absence of a contract to the contrary, redeem either of them separately once both have become due. 2. The right under Section 60A to require the mortgagee to assign the mortgage-debt and transfer the property to a third person is available even against a mortgagee who has been in possession. 3. Under Section 60B, a mortgagor may inspect the documents of title in the mortgagee's custody at the cost of the mortgagee. Which of the statements given above is/are correct?

Practise questions on Transfer of Property Act