AI Overview...
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Redemption of Whole Mortgage in Family Properties - Multiple cases confirm that a co-sharer or family member with an interest in the property has the right to redeem the entire mortgage, including properties held jointly or as part of a family estate. The right to redeem extends to the whole property, not just a part, especially when the mortgage involves family or joint holdings Veerappudayan VS Muthukarappan Thevan - Madras, PURAN CHAND AND COMPANY VS GANESH LAL TARA CHAND - Delhi, Gowramma VS M. Sachidananda Murthy - Karnataka.
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Joint Family Property and Shares - Courts have recognized that properties belonging to a joint family, with shares held by individual members such as wife and sons, can be subject to mortgage redemption by any co-sharer. The ownership and shares are considered final and binding, reinforcing the principle that redemption rights are linked to individual or joint shares in family properties SUBHASH MAHADEVASA HABIB VS NEMASA AMBASA DHARMADAS (D)BY LRS - Supreme Court.
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Mortgage Enforcement and Redemption Procedures - The law permits mortgagees to enforce their rights through suits for redemption, and the courts have upheld that mortgagees can claim the entire property if they are entitled to redeem the mortgage. Partial redemption or sale does not preclude the right to redeem the whole property, especially when the mortgage covers multiple properties or shares Arunachalam Pillai VS Seetharam Naidu - Madras, (Kaniyur) Ganapathi Bhatta VS Beeru Bhandary - Madras, Mariyappa Nadar VS Ramanuja Naick - Madras.
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Legal Principles on Redemption Rights - The right to redeem a mortgage is recognized as a fundamental right, and the mortgagor or co-sharer can initiate proceedings to clear the mortgage charge, including in cases involving usufructuary mortgages or joint family properties. The courts emphasize that the mortgagee must correctly identify the mortgaged property and that redemption rights are not defeated by adverse possession or other claims Krishnan and others VS Subhashini and others - Madras, Gowramma VS M. Sachidananda Murthy - Karnataka, C. P. Kandaswami Mudaliar VS Palaniammal - Madras.
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Implications for Family Properties - When properties are held jointly or as part of a family estate, redemption involves the entire property or share proportionally, depending on the nature of ownership. The courts have consistently upheld that redemption rights are not limited to parts but encompass the whole, especially in family property contexts Veerappudayan VS Muthukarappan Thevan - Madras, Sita Ram Prasad VS Mahadeo Rai - Patna.
Analysis and Conclusion:
In cases involving family or joint properties, the redemption of a mortgage generally applies to the whole property or the entire interest of the co-sharer. Courts have reinforced that the right to redeem is integral and extends across all properties covered by the mortgage, regardless of whether the property is held jointly or in shares. Therefore, when a mortgage covers family properties, redemption should be executed for the entire mortgage, not just individual parts, ensuring the full interest of the mortgagor or co-sharer is protected.
Search Results for "Redemption of Mortgage should be Whole Mortgage Family Properties"
1913 0 Supreme(Mad) 117 • India - Madras
Mortgage - Redemption - O.S. ... in previous suit - Redemption period Fact of the Case: The plaintiffs sought to redeem a mortgage in the defendants ... ' favor after paying off a prior mortgage. ... The plaintiffs are purchasers of the whole or part of the equity of redemption in certain properties. They executed a mortgage for a period of 9 years to one Karuppa Udayan which authorised him to redeem an alleged prior mort....
2007 0 Supreme(SC) 375 • India - Supreme Court
S.B.SINHA, P.K.BALASUBRAMANYAN
NO. 4 OF 1972 THAT THE PROPERTIES BELONGED TO THE JOINT FAMILY AND THE WIFE AND SONS OF DEFENDANT NO. 2 HAD SHARES THEREIN WAS FINAL ... No. 4 of 1972 that the properties belonged to the joint family and the wife and sons of defendant No. 2 had shares therein was not ... No. 4 of 1972 that the properties belonged to the joint family and the wife and sons of defendant No. 2 had shares therein was final ... The alternate contention on behalf of Habib is that even as the owner of a fracti....
1941 0 Supreme(Mad) 22 • India - Madras
PATANJALI SASTRI
Fact of the Case: The appellant brought a suit for recovery of Rs. 8,500 by the sale of mortgaged properties. ... mortgage - enforcement of mortgage against non-agriculturist Court auction purchaser - Madras Agriculturists Relief Act - Section ... to enforce the mortgage against a non-agriculturist Court auction purchaser. ... The question raised in this appeal is whether a mortgagee who sues to enforce his mortgage is entitled to a decree for the whole#HL....
1927 0 Supreme(Mad) 274 • India - Madras
Redemption - Usufructuary Mortgage - Transfer of Property Act - Section 60, Section 61 - The court discussed the redemption of ... The District Judge allowed partial redemption and consolidation of the mortgage with a simple mortgage by one of the brothers. ... Fact of the Case: The plaintiff sought redemption of a usufructuary mortgage executed by two brothers. ... The defendants have purchased from Krishna his share of the equity of red....
1987 0 Supreme(Del) 345 • India - Delhi
G.C.JAIN, S.S.CHADHA, SUNANDA BHANDARE
Control Legislation after the redemption of the mortgage? ... by the Rent Control Legislation after the redemption of the mortgage? ... Rent Control Legislation after the redemption of the mortgage, unless the mortgagor had permitted the mortgagee to induct a tenant ... redemption of the mortgage. ... Redemption is the action of clearing off the charge by payment of the mortgage money. Nothing is ....
2000 0 Supreme(Mad) 900 • India - Madras
K.SAMPATH
Civil Procedure Code (V of 1908), O.34, Rule 7-Redemption of mortgage-Slight prima facie proof that mortgage was made originally, ... will be entitled to the whole property. ... will shift the burden of proof to the defendant - Mortgagee has duty to identify fully the property mortgaged, otherwise mortgagor ... the mortgagee is to account for the properties of which he had given possession should be determined in the suit for redemption#HL....
1937 0 Supreme(Mad) 294 • India - Madras
HORWILL
The plaintiff was granted three months for redemption. ... mortgaging all ten properties to the plaintiff. ... remained valid and the plaintiff was entitled to proceed with the suit against the properties. ... affect the rights of the real owners of the equity of redemption. ... Towards the end of August 1916, defendant 1 purchased the remaining six items of the suit property; but as ha had not sufficient money to pay for the whole of the consideration, he mortgaged all the ten #HL_ST....
2007 0 Supreme(Kar) 789 • India - Karnataka
AJIT J.GUNJAL
of the mortgager entitled to sue for redemption of mortgage - Held, Yes. ... A co sharer can sue for redemption of the mortgage of the property to which he is the co-sharer. ... of Mortgage - Right of mortgagee to question the title of his mortgagor - Whether a mortgagee can resist the redemption by challenging ... the share of M.Rajasekhaiah and Chennamma in family arrangement. ... The amount advanced on a #HL_STA....
1973 0 Supreme(Mad) 15 • India - Madras
RAMANUJAM
REDEMPTION OF MORTGAGE - USUFRUCTUARY MORTGAGE - PURCHASE OF MORTGAGED PROPERTY BY MORTGAGEE - ADVERSE POSSESSION - LIMITATION ... , and that as there is no subsisting mortgage, there is no question of its redemption. ... Whether the mortgage should be deemed to have been discharged and as such no decree for redemption could be passed after the mortgage ... The suit is one for redemption of a usuf....
1980 0 Supreme(Pat) 39 • India - Patna
HARI LAL AGRAWAL
Fact of the Case: Plaintiffs, as purchasers of mortgaged property, sued for redemption of a mortgage bond executed ... REDEMPTION OF MORTGAGE - RIGHT TO REDEEM - TANGIBLE OR INTANGIBLE PROPERTY - ORAL PARTITION - VALIDITY - TRANSFER OF PROPERTY ... Final Decision: The appeal was dismissed, and the plaintiffs' suit for redemption of the mortgage was decreed. ... The plaintiffs-respondents first party instituted a suit for redemption of a #HL_START....
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