Temporal Constraints And Equitable Revival: Revealing The Right To Redemption In Indian Law And Its Interaction With Limitation Periods
Jivitesh Singh & Himani Meena, BA LLB, University School of Law & Legal Studies, Guru Gobind Singh Indraprastha University
ABSTRACT:
This research paper explores the concept of redemption in mortgage law, examining the rights, restrictions, and equitable principles associated with the process. It analyzes the Transfer of Property Act and English law, emphasizing the mortgagor's right to reclaim ownership through the payment of the principal amount and other obligations. The paper delves into the significance of mortgage instruments, title deeds, and possession in facilitating redemption, as well as the legal considerations surrounding retransfer, acknowledgment, and extinguishment of mortgage rights.
Furthermore, the paper investigates the conditions and limitations imposed on the equity of redemption, with a focus on reasonable notice and timely payment as safeguards for the mortgagor's interests. It explores the historical development of the doctrine, examining influential court decisions that have shaped the understanding of redemption.
