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Section91
The Transfer of Property Act, 1882

Persons who may sue for redemption

In force From 01 Jul 1882 Act 4 of 1882 As on 15 Oct 2026

Act 4 of 1882 Ministry Law and Justice Enacted 17 Feb 1882 In force 01 Jul 1882 Cited by 1 provision

Section 91 of the Transfer of Property Act, 1882 deals with persons who may sue for redemption. Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property, namely:-- (a) any person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the r The Act came into force on 01 Jul 1882.

1[91. Persons who may sue for redemption.-- Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property, namely:--

(a) any person (other than the mortgagee of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same;

(b) any surety for the payment of the mortgage -debt or any part thereof; or

(c) any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property.]

Section 91, The Transfer of Property Act, 1882 (Act 4 of 1882).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

  1. s. 92 Subrogation

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.

  1. Bishwanath Prasad Singh vs Rajendra Prasad

    Supreme Court of India 24 Feb 2006 Binding (SC)

    Court's Decision & Legal Precedent

    Where a sale of property is effected by one document and is followed by a separate agreement for reconveyance, the transaction constitutes a sale followed by an option contract rather than a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act. Consequently, the right to exercise the option to repurchase must be exercised within the applicable period of limitation. Furthermore, a deposit proceeding under Section 83 of the Transfer of Property Act is ministerial in nature and does not constitute a 'hearing and finally decided' adjudication on the merits of whether a mortgage exists, and therefore cannot operate as res judicata to estop the respondent from denying the existence of a mortgage.

    On this section: Discussed the mortgagor's right to file a suit for redemption. The court emphasized that this right must be exercised within the applicable period of limitation.

    Read the full order on eCourts India

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.

Questions about Section 91

What have the courts held on Section 91 of the Transfer of Property Act?

Bishwanath Prasad Singh vs Rajendra Prasad (24 Feb 2006) is the leading judgment on this section among those set out below: Discussed the mortgagor's right to file a suit for redemption. The court emphasized that this right must be exercised within the applicable period of limitation.

How do I find court cases under Section 91 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 91, section 91 TP Act, section 91 of the Transfer of Property Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bishwanath Prasad Singh vs Rajendra Prasad (24 Feb 2006).

What should I read with Section 91 of the Transfer of Property Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 91 of the Transfer of Property Act come into force?

Section 91 of the Transfer of Property Act, cited as TP Act 91, 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

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.