Right of redemption Sec 60

The remedy of redemption is only available before the

Introduction : A right to redeem means the right
Mortgagee file the suit for enforcement of the mortgage
To pay back or set free by payment (Air 1918 pat 332)
The mortgagors right of redemption after the date fixed
A mortgagor always has the right to get his property back
In English law called equity of redemption
Upon payment of mortgage money during the subsistence
not mentioning of absence of contract
Of mortgage or within the period of 60 years .
Indicates it is statutory right of mortgagor and can not be
By efflux of time or the extinction of the mortgagor right to
Fettered by any condition which can prevent redemption
Redeem the property, Section 60 affirms the maxim
• Any such conditions is void and as a clog on redemption
“Once a mortgage remains mortgage”,PLD 1971 lah 777
• Right of redemption and right of foreclosure co extensive
Doctrine of clog of redemption is based on rule of justice and
• When the mortgagor right to redeem accrue
Good conscience .
• The mortgagee has a Right to enforce hos security
Text of Sec 60 Rights of mortgagor to redeem
• Clog on redemption : A mortgage being security debt
1. When the right arises : Any time the principal money due
• Continues although mortgagor has failed
2. Exercise of right of redemption : on payment or tender to
• To pay his debts by due date
Mortgagee at a proper time and place
• Any provision inserted to evade, redemption is void
3. Deliver all document relating : deliver all mortgage relating document
Condition of sale in default :condition converting mortgage into
In power and possession of mortgagee
Sale is invalid and clog on redemption
3. Possession of property : where mortgagee is in possession of mortgage
Condition postponing redemption :such condition is clog on
Property, deliver possession to the mortgagor
Redemption and is invalid
4. Cost of mortgagor Re-transfer : at the cost of mortgagor re-transfer
Penalty incase of default : A stipulation for enhanced interest after due
Either to re-transfer the mortgaged property to him or
Date is penalty hence invalid
4. Third party : to transfer to third party as directed by him
Restraint of alienation : condition restraining alienation is clog
5. Mortgage is effected by registration : if mortgage is effected by registration
And invalid
Register in acknowledgement: To have in registered an acknowledgment
Long term : not necessary a clog on the equity, might suit both parties
In writing
Unless postponement and redemption for long time can be clog
6. Derogation of rights : any rights in derogation of his interest
Exceptions to clog
transferred are extinguished
• Agreements subsequent to mortgage
Provided: any right conferred by this section has not been extinguished by
• Agreements independent to mortgage
Court
Doctrine of clog on equity of redemption is based on the
This right is called right to redeem and suit for redemption
Is rule of equity, justice and good conscience
If fixed time is allowed to pass or passed mortgagee shall be entitled to
Right of redemption being statutory right
Reasonable notice before payment or tender.
Cannot be controlled or limited by any agreement
Redemption of portion of property
Exception to doctrine : contracts done after mortgage
Person can not redeem his part of portion of redemption only
Independent of mortgage not part of same transaction