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Temporal Constraints And Equitable Revival: Revealing The Right To Redemption In Indian Law

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.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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