Once A Mortgage Always A Mortgage | Right To Redeem | The National TV
- by Shashank-Pant
- May 08, 2020 13:04
Once a mortgage always a mortgage
The right to redeem is the right to recover something by making certain payments.
Mortgagor’s right of redemption means mortgagor’s right to recover or get back the property after making payment of the loan, If a loan has been paid, interest so transferred can be retained back it is to be noted that immovable property is a bundle of interest after transferring interest in favor of mortgagee mortgagor still has a remaining interest.
The main purpose of this doctrine is to protect the interest of mortgagor who on default of non-payment has to lose all rights of properties. Equity provides the right of redemption which could not be taken back even by an express contract even though mortgagor himself has agreed to it as there are no words in section 60 of transfer of property act. Even mortgagor cannot end his right to redemption.
This maxim applied in two situations:
1- where a transaction is intended by the parties to be borrowing transactions under a mortgage thought it is carried out in the form of sale.
2- Equity does not permit any clog on redemption means a stipulation on redemption which restricts mortgagor’s right to redeem it is void.
Equity of redemption
In England mortgagor’s right of redemption was introduced by the chancery court.
It was a court of equity.
Mortgagor’s right of redemption exists even after the expiry of the due date.
Court of equity provided further that it was such an important right of the mortgagor that it could not even be denied even by an agreement.
Mortgagor neither intends nor desire that property should go absolutely to mortgagee principle of equity, justice and good conscience would not allow a transaction to be fixed that means mortgagor could redeem his property even after the expiry of the fixed period.
Shankar Sakharam v. Narayan Krishna Gadenath 2020
Once a mortgage is always a mortgage and right to redeem a mortgage can only be extinguished through the process of law.
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