https://www.taxtmi.com/caselaws?id=279740 The right of redemption under Section 60 of the Transfer of Property Act is an inherent incident of a subsisting mortgage and cannot be defeated by contractual terms that prevent or unduly postpone redemption. A mortgage cannot be made irredeemable, and any stipulation that effectively takes away the mortgagor's right to redeem is void as a clog on the equity of redemption. Whether a term amounts to such a clog depends on the surrounding facts, including the parties' circumstances and the overall effect of the bargain. On the facts stated, the 99-year mortgage term was treated as oppressive and redemption as illusory, so the suit for redemption was not premature. en-us Fri, 31 Mar 2000 00:00:00 +0530 Wed, 03 Apr 2019 18:27:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279740 The right of redemption under Section 60 of the Transfer of Property Act is an inherent incident of a subsisting mortgage and cannot be defeated by contractual terms that prevent or unduly postpone redemption. A mortgage cannot be made irredeemable, and any stipulation that effectively takes away the mortgagor's right to redeem is void as a clog on the equity of redemption. Whether a term amounts to such a clog depends on the surrounding facts, including the parties' circumstances and the overall effect of the bargain. On the facts stated, the 99-year mortgage term was treated as oppressive and redemption as illusory, so the suit for redemption was not premature. Case-Laws Indian Laws Fri, 31 Mar 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279740