Section 60A The Transfer of Property Act, 1882

 

 Section 60A The Transfer of Property Act, 1882: 

Obligation to transfer to third party instead of re-transference to mortgagor.—

(1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment of which he would be entitled to require a re-transfer, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly.

(2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance; but the requisition of any encumbrance shall prevail over a requisition of the mortgagor and, as between encumbrancers, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer.

(3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession.

Supreme Court of India Important Judgments And Leading Case Law Related to Section 60A The Transfer of Property Act, 1882: 

Bayaji Sambhu Mali @Borate(D) vs Nazir Mohammed B.Zari Thr.Poa  on 12 February, 2019

Mahendra Lal Jaini vs The State Of Uttar Pradesh And on 7 November, 1962

Rattan Lal vs Vardesh Chander & Ors on 9 December, 1975

Vasant Ganpat Padave(D) By Lrs. vs Anant Mahadev Sawant (Dead) Thru on 14 December, 2018

D.L.F. Universal Ltd vs Appropriate Authority And Anr,  on 4 May, 2000

Vinodchandra Sakarlal Kapadia vs State Of Gujarat . on 15 June, 2020

Mithlesh Kumari And Anr vs Fateh Bahadur Singh And Anr on 22 February, 1991

Abdul Khuddus vs H.M. Chandiramani(Dead) Thr Lrs. on 14 September, 2021

Maiku vs Vilayat Hussain Through L.Rs on 10 April, 1986

Daulat Singh (D) Thr. Lrs. vs The State Of Rajasthan on 8 December, 2020

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