Section 60: Right of mortgagor to redeem

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
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Legal Commentary & Landmark Judgments: Section 60

Section 60 of the Transfer of Property Act, 1882 codifies the mortgagor's fundamental right to redeem, establishing the timeless equitable doctrine that 'once a mortgage, always a mortgage' and invalidating clogs on redemption.

  • Statutory Rights & Obligations: Section 60 establishes the mortgagor's statutory right to redeem: at any time after the principal money has become due, the mortgagor has a right, on payment or tender of the mortgage-money, to require the mortgagee to deliver the mortgage-deed and title documents, deliver possession, and re-transfer the property or execute a registered acknowledgment of extinction.
  • Operational Statutory Rights & Obligations: The right of redemption can be extinguished ONLY by act of the parties (such as a separate subsequent conveyance) or by a decree of a court.

Any stipulation in the mortgage deed that obstructs, restricts, or penalizes the mortgagor's right to redeem upon repayment is a 'clog on redemption' and is void ab initio under the celebrated rule in Vernon v. Bethell.

Key Landmark Precedents:
  • Murarilal v. Devkaran (AIR 1965 SC 225): The Supreme Court held that the right of redemption under Section 60 is a statutory right that cannot be fettered by any agreement entered into at the time of the mortgage. A clause providing that if the loan is not repaid within 15 years the property shall become the mortgagee's absolute property was struck down as a void clog on redemption.
  • Pomal Kanji Govindji v. Vrajlal Karsandas Purohit (1989) 1 SCC 458: The Supreme Court held that an unduly long redemption period (99 years) coupled with onerous terms allowing the mortgagee to construct without limit constitutes an unconscionable clog on redemption under Section 60.
  • Achaldas Durgaji Oswal v. Ramchandra Gangaram (2003) 3 SCC 611: The Supreme Court reaffirmed that the equity of redemption is an inviolable incident of a mortgage and remains alive until a final decree of foreclosure or sale is formally executed.
Legal Commentary:

The doctrine 'once a mortgage, always a mortgage' ensures that a mortgage cannot be transformed into an absolute sale through default clauses. Any covenant in a mortgage deed stating 'if payment is not made on the due date, the mortgage deed shall be treated as a sale deed' is a void clog on redemption under Section 60, and the borrower can redeem at any time within the 30-year limitation period.