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Section 95: Right of redeeming co-mortgagor to expenses

Transfer of Property Act • Official Statutory Text & Practice Guide

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Act 1882
Section 94 All 137 Sections of Transfer of Property Act Section 96

Legal Commentary & Landmark Judgments: Section 95

Section 95 confers a statutory charge upon a co-mortgagor who redeems the mortgaged property, entitling him to recover rateable contribution for expenses properly incurred from other co-mortgagors.

  • Redeeming Co-Mortgagor's Charge: Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under Section 92 against his co-mortgagors, be entitled to add to the mortgage-money the expenses properly incurred in such redemption.
  • Statutory Charge on Co-Owners' Shares: Redeeming co-mortgagor acquires a statutory charge on each co-mortgagor's share of the property.
  • Enforcement by Sale: Can bring the non-contributing co-owner's share to sale in civil court to recover the proportionate redemption outlay.
Key Landmark Precedents:
  • Ganeshi Lal v. Joti Pershad, AIR 1953 SC 1: The Supreme Court authoritatively settled that under Section 92 read with Section 95, a redeeming co-mortgagor stands in the shoes of the mortgagee, possessing a statutory charge to recover rateable expenses from non-contributing co-heirs.
  • J.P. Builders v. A. Ramadas Rao, (2011) 1 SCC 429: Affirmed that Section 95 secures the redeeming co-owner's financial contribution against subsequent alienation by co-sharers.
Courtroom Practice & Strategic Litigation Guidance:

After redeeming a family mortgage, obtain a formal deed of subrogation or sue under Section 95 to establish a registered statutory charge over your co-sharers' portions before they attempt to sell.

Section 94 All 137 Sections of Transfer of Property Act Section 96