INTRODUCTION

The term mortgage plays a vital role in uncerstanding the property law. Mortgage refers to transfer
of interest vested in an immovable property for advancing a loan or for for something which would
give rise to pecuniary interest in future. The person who transfers the interest is known as
“mortgagor” and the person to whom the interest is transferred is known as
“mortgagee”. The amount for w2hich the property is mortgaged is known as the “principal money or
amount”. In Transfer of Property Act,1882, different types of mortgages have been defined along
with attached conditions.

As soon as the property is mortgaged, some of rights of the mortgagor are automatically reserved.
One such important right is Right to redemption. Whenever a person moprtagaes his property as a
security, he has the right to take it back when he pays back the amount along with interest. The
property acnot be kept forever with the mortgagee because it will deprive the mortgagor of his right
to Redemption. Section 60 states about the right and explains about the things which are to be
returned to mortgagor on payment of money.

The mortgagor in any case cannot be deprived of his right. Any such condition that restricts the
mortgagor from redeeming his property back from the mortgagee is known as Clog On Redemption.
Such conditions are considered as void ab initio. There are some exceptions in which this clog is not
invalid but, in most of the cases it is. The doctrine can be understood by understandind Section 60
and then relating it.

Section 60 of Transfer of Propert Act, 1882

The title of this section reads as “Right of Mortgagor To Redeem”. This section incorporates the
right to redemption in the property law. This right is a statutory right in India. This section mentions
that the mortgagor on the payment of the principal money should be returned the property secured.
In mortgage, the property is not absolutely transferred to the mortgagee and therefore it needs to
be returned on the payment.

There are also certain documents which needs to be returned to the mortgagor such as the
mortgage deed or any document reated to the property. It is not fair to keep the property forever on
the ground that the mortagagor did not pay the amount on time. This is against the principal of
justice, equity and good conscience. There are two terms that are incorporated within the section.
They are: 1) Clog on Redemption 2)Once a mortgage, always a mortgage. Both are interrelated to
the section and are necessary to be understood.

Clog on Redemption

In India, the doctrine of Clog on redemption can be understood in relation to Section 60. This section
states the right to redemption