Section 60 - Right of mortgagor to redeem : Transfer of Property Act, 1882
What is the Right of mortgagor to redeem?
Section 60 of Transfer of Property Act, 1882
Section 60 of Transfer of Property Act 1882 : "Right of
mortgagor to redeem"
60. At any time after the principal money has
become 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 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 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
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 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 mortgagor.