Section 91: Persons who may sue for redemption

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 91

Section 91 of the Transfer of Property Act, 1882 enumerates the categories of persons entitled to sue for the redemption of a mortgage, granting the right of redemption not only to the mortgagor but also to co-owners, sureties, and judgment-creditors having an interest in the property.

  • Persons Having Proprietary Interest: Confers the right of redemption upon any person (other than the mortgagee) who has any interest in, or charge upon, the mortgaged property or right to redeem.
  • Sureties for Mortgage Debt: Explicitly empowers any surety for the payment of the mortgage-debt or any part thereof to institute a suit for redemption to discharge the debt.
  • Judgment-Creditors Executing Decrees: Authorizes any creditor of the mortgagor who has obtained a decree for sale of the mortgaged property to redeem the prior mortgage.
Key Landmark Precedents:
  • Ganga Dhar v. Shankar Lal AIR 1958 SC 770: Supreme Court affirmed that the right of redemption is an essential statutory incident of every mortgage and any contract clogging redemption is void.
  • Achaldas Durgaji Oswal v. Ramvilas Gangabisan Heda (2003) 3 SCC 614: Supreme Court held that the right of redemption co-exists with the mortgage and continues until extinguished by a final foreclosure decree or court sale.
  • Murarilal v. Devkaran AIR 1965 SC 225: Supreme Court expounded on the rights of persons holding partial equity of redemption to redeem the entire mortgage property under Section 91.
Courtroom Practice & Strategic Litigation Guidance:

When representing a personal guarantor or co-mortgagor whose property is encumbered, file a suit for redemption under Section 91 upon tendering the mortgage debt; upon redemption, the plaintiff is subrogated to the mortgagee's rights under Section 92.