AI Overview...
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Once a Mortgage Always a Mortgage Principle - This well-established legal doctrine states that a mortgage remains a mortgage until fully redeemed, regardless of the passage of time or changes in circumstances. Courts across various cases have consistently upheld this principle, emphasizing that the right of redemption persists indefinitely unless explicitly waived or extinguished through legal means. Babu Ram (deceased) through his LRs VS Financial Commissioner (Appeals), Punjab - Current Civil Cases, AMAR SINGH VS JAWAHARLAL - Chhattisgarh, Harbhajan Singh VS Naranjan Singh - Punjab and Haryana, Mukhtiar Singh, now deceased, through his legal heirs VS Budha Singh - Punjab and Haryana
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Legal Foundations - The principle is rooted in the Transfer of Property Act, 1882, particularly Section 60, which affirms the redeemability of mortgaged property at any time. It ensures that the mortgagor retains the right to redeem the property, and this right cannot be forfeited by mere lapse of time or contractual clauses that attempt to deny redemption. Babu Ram (deceased) through his LRs VS Financial Commissioner (Appeals), Punjab - Current Civil Cases, Amar Singh VS Jawaharlal - Chhattisgarh, Chandy Philippose VS Parvathi Amma - Kerala, Rishal VS Biro - Punjab and Haryana
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Judicial Interpretations - Courts have consistently reaffirmed this doctrine. For instance, in Sheo Ram & others (2008), the court held that once a mortgage, always a mortgage, emphasizing the unalterable nature of the right to redemption. Similarly, in cases involving usufructuary mortgages, the absence of a time limit for redemption further underscores this principle. Babu Ram (deceased) through his LRs VS Financial Commissioner (Appeals), Punjab - Current Civil Cases, Rishal VS Biro - Punjab and Haryana, Hajira Beevi & Others VS S. Chandrakumar & Others - Madras
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Implications for Mortgagors and Mortgagees - The doctrine protects mortgagors by ensuring they can redeem their property at any time, and mortgagees cannot claim ownership simply due to the passage of time. Even after decades, the mortgagor retains the right to redeem, and courts have upheld this view in various judgments, including those allowing extended periods (e.g., 60 years) for redemption. Angammal VS Punnammal - Madras, Mukhtiar Singh, now deceased, through his legal heirs VS Budha Singh - Punjab and Haryana, Chandy Philippose VS Parvathi Amma - Kerala
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Limitations and Exceptions - While the principle is robust, exceptions exist if the right to redemption is waived explicitly or through legal procedures like merger or statutory provisions that restrict redemption. However, such instances are narrowly interpreted, and courts generally uphold the mortgagor's right to redeem. Chandy Philippose VS Parvathi Amma - Kerala, Harbhajan Singh VS Naranjan Singh - Punjab and Haryana
Analysis and Conclusion:
The principle Once a mortgage, always a mortgage is a cornerstone of property law, particularly under the Transfer of Property Act, 1882. It guarantees the mortgagor's perpetual right to redeem the property, preventing the mortgagee from claiming ownership due to the passage of time or other circumstances. Courts have consistently reinforced this doctrine, emphasizing its importance in protecting landowners' rights. Exceptions are rare and require explicit legal or contractual provisions. Overall, this principle ensures the security and fairness in mortgage transactions, affirming that redemption remains always possible until fully exercised.
Search Results for "Once a Mortgage is Always a Mortgage"
• India - Current Civil Cases
G.S.SANDHAWALIA
(i) Transfer of Property Act, 1882 — Section 60 — Mortgage — Redemption of — HELD — entire property could be redeemed by one of the ... (Para 5) ... (ii) Transfer of Property Act, 1882 — Section 60 — Mortgage ... (Para — 5) ... (iii) Transfer of Property Act, 1882 — Section 60 — Mortgage ... Thus, it is held that once a mortgage always a mortgage and is always redeemable.” ... 5. ... Sheo Ram & others, 2008 (1) Civil Court Cases 414 which has held that a ....
2012 0 Supreme(Chh) 188 • India - Chhattisgarh
A.M.SAPRE
The judgment clarified the legal consequences of the finding, stating that once a mortgage always a mortgage, and the plaintiffs ... Mortgage - Nature of Document - Sale deed dated 29.7.74 - [Section 100 of C.P. ... The defendants contended that the transaction was a mortgage and the plaintiffs had not repaid the loan. ... It is a settled principle of law that once a mortgage always a mortgage. Such is now the case here. ... In other words, the conte....
2008 0 Supreme(Mad) 3013 • India - Madras
A.C.ARUMUGAPERUMAL ADITYAN
is always a mortgage'. ... based on the well-settled legal principle that 'once a mortgage is always a mortgage'. ... Ratio Decidendi: The well-settled legal principle 'once a mortgage is always a mortgage' influenced the court's decision. ... The well settled proposition of law is "once a mortgage is always a mortgage". The judgment passed by this Court in A.S.No.93 of 2002 is subject to the rig....
1960 0 Supreme(Ker) 267 • India - Kerala
P.GOVINDA MENON, ANNA CHANDY
principle 'once a mortgage always a mortgage'. ... Oonnoonni - S.55 of the Contract Act - Once a mortgage always a mortgage Fact of the Case: The plaintiff sued for redemption ... The court also found that the principle 'once a mortgage always a mortgage' was intended to protect landowners and should not be ... The learned counsel cited a passage from Ghose on Law of Mortgage in India in support of his position. T....
2009 0 Supreme(P&H) 859 • India - Punjab and Haryana
MAHESH GROVER
Land and Property Law--Mortgage--Usufructuary Mortgage--Once a mortgage always a mortgage--No time limit prescribed for redeeming ... an usufructuary mortgage--Mortgage cannot become owner of land as mortgagor failed to redeem it for more than 100 years--Sale deed ... would have no bearing on status or mortgagor and mortgagee--|Transfer of Property Act, 1882. ... Thus, it is held that once a mortgage always a #HL_....
1985 0 Supreme(SC) 234 • India - Supreme Court
E.S.VENKATARAMIAH, R.B.MISRA
Extent of right of redemption — once a mortgage always a mortgage - It is settled that the right of redemption under a mortgage deed ... This flows from the legal principle which is applicable to all mortgages, namely “Once a mortgage, always a mortgage” – See decision ... place by a contract between the parties, by a merger or by a statutory provision which debars the mortgagor from redeeming the mortgage ... This flows from the le....
2008 0 Supreme(P&H) 709 • India - Punjab and Haryana
RAKESH KUMAR JAIN
time--Once a mortgage always a mortgage--Transfer of Property Act, 1882. ... by efflux of time but shall remain mortgagee on the principle that once a mortgage always a mortgage and is always redeemable--Transfer ... (A) Land and Property Law--Mortgage--Usufructuary Mortgage--No time limit fixed for redemption--The property can be redeemed at any ... in Court the mortgage money or the balance ther....
2012 0 Supreme(Chh) 187 • India - Chhattisgarh
A.M.SAPRE
Once a mortgage always a mortgage, and the plaintiffs would be entitled to enforce the mortgage by repaying the loan amount and redeem ... The court affirmed the findings of the lower courts and clarified the legal position, stating that once a mortgage always a mortgage ... mortgage - nature of transaction - Section 100 of C.P. Code - [Section 100 of C.P. ... It is a settled principle of law that once a mortgage always#HL....
2016 0 Supreme(P&H) 1895 • India - Punjab and Haryana
SURINDER GUPTA
time of mortgage - Once a mortgage always a mortgage Fact of the Case: The plaintiffs sought possession by way of redemption ... The court also emphasized that once a mortgage is always a mortgage and the right of redemption cannot be taken away. ... implements at the time of mortgage. ... It plainly takes away altogether, the mortgagor's right to redeem the mortgage after the specified period. This is not permissible, for "once a ....
1942 0 Supreme(Mad) 414 • India - Madras
ALFRED HENRY LIONEL LEACH
The principle of 'once a mortgage always a mortgage' applied, allowing the mortgagor sixty years to redeem the property. ... The court also emphasized the applicability of the principle 'once a mortgage always a mortgage' and the interpretation of Section ... of title to a property purchased through a mortgage. ... The principle, once a mortgage always a mortgage, applies and Kesavans heirs have sixty years in whic....
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