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Who has the right under section 60 of the Transfer of Property Act, 1882 to redeem a mortgage by paying…

The mortgagor’s right under section 60 is enforceable unless extinguished by act of the parties or by decree of a court. Section 91 separately permits specified persons to…

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Who has the right under section 60 of the Transfer of Property Act, 1882 to redeem a mortgage by paying or tendering the mortgage money once due?

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Answer and explanation

Correct answer A

The mortgagor’s right under section 60 is enforceable unless extinguished by act of the parties or by decree of a court. Section 91 separately permits specified persons to redeem, including qualifying interest holders, sureties and qualifying decree creditors.

Option feedback

Option A

Section 60 gives the mortgagor the right to redeem after the principal money becomes due, subject to the statutory conditions.

Option B

The mortgagee of the very interest to be redeemed lacks standing in that capacity under section 91(a).

Option C

An unsecured creditor with no decree is not the creditor described in section 91(c).

Option D

A stranger lacks the qualifying interest, charge or other standing described in section 91.

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