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Under sections 60 and 91 of the Transfer of Property Act, 1882, who has no right to redeem on the…

Section 60 gives the mortgagor the right to redeem. Section 91 also allows a person with a qualifying interest or charge, including a subsequent mortgagee, and a surety for…

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Under sections 60 and 91 of the Transfer of Property Act, 1882, who has no right to redeem on the stated facts?

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Answer and explanation

Correct answer A

Section 60 gives the mortgagor the right to redeem. Section 91 also allows a person with a qualifying interest or charge, including a subsequent mortgagee, and a surety for the mortgage debt to redeem. A personal claim for maintenance without any interest in or charge on the property or the right to redeem does not meet section 91(a).

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Option A

The stated claimant has neither the interest nor the charge required by section 91(a).

Option B

The subsequent mortgagee's interest can support redemption under section 91(a).

Option C

Section 60 provides the mortgagor's right of redemption.

Option D

Section 91(b) expressly includes a surety for the mortgage debt or any part of it.

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