Rights of a Mortgagor – All That you Need to Know About Mortgages!

Rights of a Mortgagor!

The transfer of Property Act confers certain rights to a mortgagor. The mortgagor has these rights after payment of the mortgage money to the mortgagee.

A mortgagee should deliver the mortgage deed and all documents relating to the mortgaged property which are in his possession to the mortgagor. In case the mortgagee is in possession of the mortgaged property, he is liable to deliver possession to the mortgagor.

The mortgagee is also liable to re-transfer the mortgaged property to the mortgagor or to any other third person as he may direct. He may also have to execute and have registered an acknowledgement in writing that his rights in the property have been extinguished. This right is called right to redeem. In case of any violation, the mortgagor may file a suit to enforce it. This is called a suit for redemption.

Generally, a person interested in a share only of a mortgaged property cannot ask redeem that share only, on payment of a proportionate part of the amount remaining due on the mortgage. A mortgagor is entitled to redemption only on the fulfilment of conditions agreed with the mortgagee. The mortgagor may require that, instead of re-transferring the property to himself, the mortgagee assigns the mortgage debt and transfers the mortgaged property to a third person as the mortgagor may direct. The mortgagee is bound to assign and transfer accordingly.

A mortgagor who has executed two or more mortgages in favour of the same mortgagee should, when the principal money of any two or more of the mortgages has become due, be entitled to redeem any one mortgage separately.

Where the mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, received any accession, the mortgagor, upon redemption, is entitled to such accession.

Where a mortgaged property in possession of a mortgagee has been improved during the continuance of the mortgage, the mortgagor is entitled to the improvement. The mortgagor is not liable to pay the cost of the improvement. In case where any such improvement was effected at the cost of the mortgagee and was necessary to preserve the property from destruction or deterioration, or was necessary for its security, the mortgagor is liable to pay the cost.

These rights may be enforced by the mortgagor or by any encumbrancer. In case there are multiple encumbrances for the same property, the requisition of a prior encumbrancer will prevail over that of a subsequent encumbrancer.

A mortgagor is entitled to inspect and make copies or abstracts of documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.

The mortgagor will have to bear the costs. In case the mortgaged property is on a lease and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption, will have the benefit of the new lease.