Section 61 of Transfer of Property Act, 1882 - Right to Redeem Separately or Simultaneously
Section 61 of the Transfer of Property Act, 1882 gives a mortgagor who has created two or more mortgages in favour of the same mortgagee a choice, subject to any contrary contract, to redeem eligible mortgages separately or together. The provision concerns multiple mortgages and operates alongside the general right of redemption under Section 60.
Section 61 - Complete statutory provision
61. Right to redeem separately or simultaneously. 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.
Meaning and essential requirements
A mortgagor is the person who transfers an interest in specific immovable property as security for a debt or specified pecuniary obligation. A mortgagee is the person in whose favour the interest is transferred. These expressions and different types of mortgages are defined in Section 58.
- Multiple mortgages: The mortgagor must have executed at least two mortgages.
- Same mortgagee: The mortgages must be in favour of the same mortgagee.
- Debt has become due: The principal money of the mortgages concerned must have become due.
- Separate or joint redemption: The mortgagor may redeem one eligible mortgage alone or two or more together.
- Contractual exception: This statutory choice operates only in the absence of a contract to the contrary.
Illustration of separate and simultaneous redemption
A mortgages Property X to B for one loan and subsequently mortgages Property Y to B for another loan. Once the principal sums under both mortgages have become due, and provided there is no contract to the contrary, A may redeem the mortgage on Property X alone, the mortgage on Property Y alone, or both mortgages together. The amount payable and the steps needed to complete redemption depend on the respective mortgages and applicable law.
Section 60 and Section 61 - Difference
Section 60 sets out the substantive right to redeem a mortgage, including recovery of documents, possession where applicable and re-transfer or acknowledgement of extinguishment of the mortgagee's interest. Section 61 addresses the distinct question of whether multiple mortgages in favour of the same mortgagee may be redeemed individually or simultaneously. It does not automatically permit partial redemption of a single mortgage; the restriction and exception concerning redemption of a share of mortgaged property are addressed in Section 60.
Practical considerations
Before seeking redemption, examine each mortgage deed, repayment obligations, due dates, and any express provision requiring combined redemption. A redemption request should identify the mortgage or mortgages being discharged, arrange payment or tender as legally required and seek the appropriate documents and discharge. Disputes about the right to redeem may require judicial relief depending on the facts.
Official legislation
Read the Transfer of Property Act, 1882 on India Code. Applicable state amendments and current judicial interpretations should also be considered.