AI Overview...
-
Extinguishment of Right to Redeem - The right to redeem a mortgaged property can be extinguished through various legal actions, including execution of sale, final decree, or lapse of time. For example, the right is extinguished when the sale certificate is registered (Section 60 of the Transfer of Property Act, 1882) or after a final decree in a foreclosure suit (Sources: 01702005168, 01300019976, 00300049434).
-
Limitations and Conditions - The period of limitation for redemption is typically 30 years, after which the right ceases (Source: 02300025906). However, courts have held that preliminary decrees do not extinguish the right unless a final decree is passed (Source: 02200002570). Additionally, the right can be extinguished by a compromise decree providing for execution without redeeming (Source: 02200002788).
-
Legal Proceedings and Judgments - Courts have clarified that the dismissal of a suit on the ground of extinguishment of the right to redeem is unjustified unless supported by a final decree or specific legal declaration (Sources: 01500018264, 01702005168). Also, the right to redeem can be barred if the mortgagor fails to act within the prescribed period or through legal acts such as registration of sale certificates.
-
Special Cases and Exceptions - Certain agreements or transactions, such as a simple agreement not to extinguish the right, do not necessarily bar redemption (Source: 01300019976). Moreover, the right can be inherited or transferred unless explicitly extinguished by law or court order (Sources: 02300025906, 02300087608).
-
Implications of Extinguishment - Once the right to redeem is extinguished, the mortgagor loses the legal claim to reclaim the property, allowing the mortgagee or purchaser to seek foreclosure or ownership (Sources: 02200002788, 02300087608).
Analysis and Conclusion:
The right to redeem a mortgaged property is a statutory privilege that can be extinguished through lawful means such as registration of sale, final decree, or lapse of statutory period (generally 30 years). Courts emphasize that unless a final decree explicitly declares the extinguishment, the right persists. Legal acts like registration of sale certificates or compromise decrees effectively bar the mortgagor from redeeming the property. Therefore, the extinguishment of the right to redeem is a critical legal event that terminates the mortgagor's claim, subject to specific legal procedures and limitations (References: 01702005168, 02200002570, 00300049434).
Search Results for "Extinguishment of Right to Redeem"
2000 0 Supreme(P&H) 446 • India - Punjab and Haryana
R.L.ANAND
of the defendant's right to redeem the land. ... of the defendant's right to redeem the land. ... of the defendant's right to redeem the land. ... The plaintiffs further alleged that period of limitation the redeem to the land was 30 years and since it has expired so defendant Dharampal had ceased to be the owner of the land in question by efflux of time. ... Brahrni Devi on 13.11.1961/18.11.1961 for a consideration of Rs. 20,000/- and it was agreed upon that if Dhara....
2004 0 Supreme(Raj) 1091 • India - Rajasthan
K.G.BALAKRISHNAN, H.K.SEMA
Transfer of Property Act, 1882, Sec. 60 — Right of redemption — Extinguishment of right to redeem — It extinguishes by the act of ... (Para 3 & 4) ... HELD : The proviso specifically says that the right ... was executed and appellant had not obtained any order for staying the operation of auction sale or execution of any sale deed — Right ... Counsel for the appellants contended that right of the mortgagors to redeem could be extinguished only after ....
1957 0 Supreme(Ker) 257 • India - Kerala
VARADARAJA IYENGAR
of the right to redeem was unjustified. ... Finding of the Court: The court found that the dismissal of the suit on the ground of extinguishment of the right to ... redeem was unjustified. ... The order of court whereby the right to redeem was alleged to be extinguished, was contained in Ext. ... to redeem the property ..................... ... It was held ... that by reason of the decree in the year 1889, the right of the mortga....
2012 0 Supreme(Guj) 448 • India - Gujarat
C.L.SONI
not be taken as extinguishment of his right to redeem the mortgage - Such agreement could as well be termed as clog on equity to ... redeem mortgage - Right of mortgagor to redeem property, not extinguished, irrespective of the execution of simple agreement - Interest ... to redeem mortgage from respondent Nos. 1 and 2 on payment of amount to them. - Appeal - Held, it was thus transaction of mortgage ... of mortgagor to redeem the mortgage. ... the #....
1962 0 Supreme(Ori) 11 • India - Orissa
S.BARMAN
MORTGAGE - REDEMPTION - RIGHT TO REDEEM - EXTINGUISHMENT - COMPROMISE DECREE IN MORTGAGE SUIT PROVIDING FOR EXECUTION WITHOUT ... FINAL DECREE - EFFECT - RIGHT TO REDEEM EXTINGUISHED. ... The defendant appellant contended that the mortgage and the decree were valid and binding, and that the plaintiffs' right to redeem ... to redeem the mortgaged properties. ... If the right to redeem was indefinitely postponed, the....
1958 0 Supreme(Ori) 46 • India - Orissa
G.C.DAS, S.BARMAN
REDEMPTION SUIT - SECOND SUIT - MAINTAINABILITY - PRELIMINARY DECREE - EXTINGUISHMENT OF RIGHT TO REDEEM - TRANSFER OF PROPERTY ... Whether the right to redeem was extinguished by the preliminary decree in the previous suit? 3. ... A preliminary decree in a redemption suit does not extinguish the right to redeem unless a final decree is passed. 3. ... No. 831 of 1928, the right to redeem had been extinguished. ... S. 831 of 1928 the....
2019 0 Supreme(P&H) 489 • India - Punjab and Haryana
REKHA MITTAL
mortgage could not file a suit seeking declaration that the mortgage is null and void, how can the appellants who are claiming right ... (Civil) 179, contention raised by the respondents in respect of extinguishment of right of the mortgagor to get the land redeemed is no longer available to the respondents. ... 12. ... Counsel for the appellants, in response to a query, would fairly concede that on death of Kundan, ‘dohli’ right created in favour of Kundan was inherited by Smt. Javitri as widow. ... Whether the plainti....
1988 0 Supreme(SC) 311 • India - Supreme Court
M.M.DUTT, M.H.KANIA, K.N.SINGH
of an amolous mortgage, the extinguishment of the right to redemption has to be specifically declared-In mortgages, other than a ... Act, Sec. 60 (Proviso)-Code of Civil Procedure O.34 R.3, 5, 7 & 8 - Right to redeem mortgage extinguishes by ... in pursuance of the final decree but before the confirmation of sale-The right of the mortgagor to redeem the mortgage at any time ... redeem the mortgages. ... Thus, in a final decree in a suit for foreclosure, on the failure....
2022 0 Supreme(Kar) 473 • India - Karnataka
M. NAGAPRASANNA
of the borrower's right to redeem the mortgage. ... : The borrower's right to redeem the mortgage stands extinguished once the sale certificate is registered. ... Enforcement) Rules, 2002 - The court discussed the undervaluation of property, the rights of the borrower and auction purchaser, and the extinguishment ... The Bank, later seeks to sell the property to redeem the amount that was in due as it was the secured creditor of the property of the petitioner. ... The right#H....
2025 0 Supreme(P&H) 179 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
; thus, the mortgagor's right to redeem the land was confirmed as permanently extinguished, allowing plaintiffs to seek foreclosure ... Act, 1882 - Sections 62, 67 - Ownership and adverse possession - Plaintiffs claimed ownership of land by adverse possession post-extinguishment ... ... ... Issues: The core issues included ownership claims, applicability of res-judicata, and considerations regarding the extinguishment ... shall be absolutely debarred of his right to redeem the proper....
Filter by Legal Phrase
