Transfer of Property Cia 3
Transfer of Property Cia 3
Transfer of Property Cia 3
The case is further analyzed in the form of FILAC Method which gives
us a better understanding with the facts, issues, laws, analysis and the
conclusion of the case in hand.
FACTS OF THE CASE
LAWS
JUDGEMENT ANALYSIS
Based on the grounds stated, the Supreme Court's decision in this case
can be divided into three parts:
CONCLUSION
The mortgagor can use his or her right of redemption to reclaim any
rights or interests in his or her property that were momentarily lost as a
result of the mortgage. According to the Transfer of Property Act, the
right is a statutory and legal one in India. This privilege becomes
exercisable as soon as the mortgage payment is past due, but only during
the limitations period set forth therein. The appellant in this instance also
has the right to redeem because he is a mortgagor under Section 59A of
the Act. According to the Supreme Court, such a right is subsidiary to
the ownership right that the Appellant purchased rather than superior to
it.