Right of mortgagor to redeem
Section 60 of the Transfer of Property Act, 1882 deals with right of mortgagor to redeem. At any time after the principal money has become [due], [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 ar The Act came into force on 01 Jul 1882.
At any time after the principal money has become 1[due], 1[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 2[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 3[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 redemption.
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 p ass 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 4[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 mortgager.
Section 60, The Transfer of Property Act, 1882 (Act 4 of 1882).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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M/s. L.K. Trust v. EDC Ltd. & Ors.
Court's Decision & Legal Precedent
The mortgagor’s right of redemption embodied in TPA s.60 remains available unless extinguished by the act of parties or by decree of a court. In India, extinction ordinarily requires execution and registration of a conveyance transferring the mortgagor’s interest; a mere agreement to sell, or a mortgage-deed power to sell without court intervention, does not by itself deprive the mortgagor of redemption. Appeals and contempt petition dismissed; Board resolutions permitting redemption not contempt of earlier SC dismissal of SLP. DATE-VERIFIED Judgment order-17.pdf dated 2011-05-10 (document ends May 10, 2011 matching order index).
On this section: Directly construes and applies s.60’s equity of redemption — when it survives and when it is extinguished — on facts of mortgage, agreement to sell, and attempted redemption.
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Surjit Kaur vs Kartar Singh
Court's Decision & Legal Precedent
In a usufructuary mortgage where no time limit is fixed for repayment of the mortgage money, the right of the mortgagor to redeem or recover possession commences not on the date of mortgage but on the date when the mortgage money is paid out of the rents and profits of the property or, where rents and profits partially satisfy the debt, on the date when the mortgagor pays or tenders the remaining balance to the mortgagee or deposits it in court. Consequently, the period of limitation of 30 years prescribed under Article 61 of the Limitation Act runs from such date of payment or deposit, not from the date of the mortgage itself. The mortgagor's right of redemption, being a statutory right under Section 62 of the Transfer of Property Act and rooted in equitable principles, cannot be extinguished merely by the passage of time; it persists until extinguished by act of the parties or by court decree.
On this section: General right of mortgagor to redeem at any time after principal money becomes due; provides statutory recognition to equity of redemption; the right can only be extinguished by act of parties or court decree
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… It is submitted that the Corporate Debtor's right in respect of the mortgaged property is the right of redemption under Section 60 of the Transfer of Property Act, 1882 (hereinafter referred to as "the TP Act"). It is submitted that under Section 13(8) of the SARFAESI Act, as amended in 2016, the right of redemption is lost on issuance of public notice of auction or tender. 15. Shri Vaidyanathan further submitted that the mala fide …
Questions about Section 60
What have the courts held on Section 60 of the Transfer of Property Act?
M/s. L.K. Trust v. EDC Ltd. & Ors. (10 May 2011) is the leading judgment on this section among those set out below: Directly construes and applies s.60’s equity of redemption — when it survives and when it is extinguished — on facts of mortgage, agreement to sell, and attempted redemption. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2011 to 2014.
How do I find court cases under Section 60 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 60, section 60 TP Act, section 60 of the Transfer of Property Act. People searching for it also type tan 60. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with M/s. L.K. Trust v. EDC Ltd. & Ors. (10 May 2011).
When did Section 60 of the Transfer of Property Act come into force?
Section 60 of the Transfer of Property Act, cited as TP Act 60, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.