Transfer of Property Act, 1882

Section 89

Redemption of mortgage by sale of mortgaged property.

⚡ Quick Answer Reference: Section 89 TPA

Provision: Section 89 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India
Summary: Under Section 89 of the Transfer of Property Act, 1882, a mortgagor or their representative can redeem the mortgaged property by selling it and using the proceeds to pay off the mortgage debt. The mortgagee or their representative is then entitled to receive any remaining mortgage money.

Statutory Content

What does Section 89 of TPA say?

Where the mortgagor or his representative desires to redeem the mortgaged property, he may, at any time after the date of the mortgage, sell the mortgaged property, and apply the proceeds of the sale in payment of the mortgage-money, and the mortgagee or his representative shall be entitled to receive the balance of the mortgage-money, if any, remaining due after such payment.

Indian StandardSection 89, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 89 (India)

Court Pleading StandardSection 89 of the Transfer of Property Act, 1882

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Priya Menon (Bar Council ID: MAH/4521/2018).

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Section Meaning & Purpose

What does Section 89 of TPA mean?

Plain English Explanation

Under Section 89 of the Transfer of Property Act, 1882, a mortgagor or their representative can redeem the mortgaged property by selling it and using the proceeds to pay off the mortgage debt. The mortgagee or their representative is then entitled to receive any remaining mortgage money.

Practical Interpretation

This section allows mortgagors to redeem their property by selling it and paying off the mortgage debt. The mortgagee's rights are protected, and they can receive any remaining mortgage money.

Core Legal Purpose

The core purpose of Section 89 is to provide a mechanism for mortgagors to redeem their property and pay off the mortgage debt, while also protecting the mortgagee's rights.

Key Legal Elements

•The mortgagor or their representative must desire to redeem the mortgaged property.
•The mortgaged property must be sold.
•The proceeds of the sale must be used to pay off the mortgage debt.
•The mortgagee or their representative is entitled to receive any remaining mortgage money.

Practical Example

Practical Example of Section 89 TPA

Rajesh, a mortgagor, wants to redeem his property that was mortgaged to Amit, the mortgagee. Rajesh sells the property to Suresh for ₹10 lakhs. The mortgage debt was ₹8 lakhs. Rajesh uses the sale proceeds to pay off the mortgage debt and is left with ₹2 lakhs. Amit, the mortgagee, is entitled to receive the remaining ₹2 lakhs.

Common Questions (FAQ)

Frequently Asked Questions about Section 89 TPA

Q: What is the punishment or consequence under Section 89 of Transfer of Property Act, 1882?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment.

Common Questions about Section 89 TPA

What is Section 89 of TPA?

Section 89 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Redemption of mortgage by sale of mortgaged property.". In plain terms: Under Section 89 of the Transfer of Property Act, 1882, a mortgagor or their representative can redeem the mortgaged property by selling it and using the proceeds to pay off the mortgage debt. The mortgagee or their representative is then entitled to receive any remaining mortgage money.

What are the elements of Section 89 of TPA?

The essential elements of Section 89 of TPA are: The mortgagor or their representative must desire to redeem the mortgaged property.; The mortgaged property must be sold.; The proceeds of the sale must be used to pay off the mortgage debt..

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