Showing posts with label S 60 transfer of property Act. Show all posts
Showing posts with label S 60 transfer of property Act. Show all posts

Sunday, 26 May 2019

Whether Mortgagor has right to redeem mortgage even after sale of mortgaged property

 It would be necessary to examine as to when the right of the petitioner in the present case could be said to be extinguished by application of Section 60 of the Transfer of Property Act, 1882. In the case of Allokam Peddabbayya .vs. Allahabad Bank - MANU/SC/0700/2017 : (2017) 8 S.C.C. 272, the Hon'ble Supreme Court has taken into consideration Section 60 and proviso thereto of the Transfer of Property Act, 1882 and earlier judgments on the said provision have been taken into consideration. In the said judgment, the Hon'ble Supreme Court has concluded as follows:-

"22. In Mhadagonda Ramgonda Patil it was observed that the mortgagor has a right of redemption even after sale has taken place pursuant to the final decree, but before the confirmation of sale.


23. Therefore, the crucial aspect even under the said provision is "confirmation of sale". The mortgagor has a right of redemption even after sale has taken place but before confirmation of sale. In the present case, the fact remains that there was no confirmation of sale in favour of respondent no. 5 under the provisions of the said Act and Rules particularly sub-rule (14) of Rules 107 of the said Rules.

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

Writ Petition No. 2564 of 2016

Decided On: 12.09.2018

Aniruddha Vs. The Divisional Joint Registrar Co-operative Societies, Amravati and Ors.

Hon'ble Judges/Coram:
Manish Pitale, J.

Citation: 2019(2) MHLJ 478
Print Page

Monday, 24 August 2015

Whether son is entitled to redeem property mortgaged by his father?


IN THE HIGH COURT OF NAGPUR
Decided On: 31.10.1932
 Ananda Pandurang Vs. Uttamrao
The son is accordingly, as a member of the joint family in which the shares are of necessity undetermined until partition, entitled to redeem as much property as his father could have redeemed, that is to say, the whole. Also Section 60, T. P. Act, is no bar to the owner of the equity for redeeming the whole mortgage,
Equivalent Citation: AIR1933Nag44(2)
Coram;
Grille, A.J.C.
Print Page