Rights to Redemption vs Equity of Redemption
The
basic meaning of word Redemption is to redeem or to get back. In the context of
Mortgage under the property law in India, this right is a significant right of
every mortgagor howsoever the nature of mortgage is. Once the payment of money
is made by the debtor on or before the due date, he is eligible for redemption
right. Redemption is not only limited to mortgaged property but also the title
deeds and important documents related to the property. Whereas, when we talk
about equity of redemption which is the base or the source of redemption right,
originated in England. Under equity of redemption, the debtor or the mortgagor
will be given an extended time period or a reasonable extra time period is
given even after due date. The reason for this extension is that whenever a
mortgage is executed the intension of the mortgagor is always to let it remain
a mortgage and not to be converted into a sale. Therefore, for the protection
of his rights this extension may be given to him by the courts so that he can make
his payments in favour of the mortgagee. It is done on the basis of justice and
good conscience. Also, this inherent right cannot be waived of by the parties
even though they have expressly made an agreement in that respect. Under
property law in India, once the payment is done, then the mortgagor can redeem
his property and then the right to redemption is extinguished or when the court
orders for extinguishment of the right then also it can be extinguished. After
excursing this right, the possession of the property which was mortgaged as
well the deeds of the said property are delivered to the mortgagor. Secondly,
in case of any stipulation in the agreement which puts any kind of hindrance in
the exercise of redemption right, will be deemed as clog and hence void. It can
be anything like postponement of redemption rights for a greater number of
years, collateral unreasonable benefits asked by the mortgagee etc.
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