Drafting, Pleadings and Appearances · Drafting of Agreements, Deeds and Documents

Mortgagor's Right to Inspect Documents under Section 60B

Updated 11 October 2026 · Fact-checked

Under Section 60B of the Transfer of Property Act, 1882, a mortgagor whose right of redemption still subsists may, at reasonable times, at his request and own cost, and on paying the mortgagee's costs, inspect and copy documents of title to the mortgaged property that the mortgagee holds. You answer by applying each condition to the facts.

Understand Rights to Inspection and Production of Documents

A mortgage transfers an interest in specific immovable property to secure a loan. In many mortgages the lender, the mortgagee, keeps the title documents. The borrower, the mortgagor, still owns the property subject to the mortgage. He may need those documents to prove title, to show a prospective buyer, to raise further finance or to check what the lender holds.

Section 60B gives the mortgagor a statutory right to look at those papers. The right is to inspect and to make copies, abstracts or extracts of documents of title relating to the mortgaged property that are in the mortgagee's custody or power. It is a right of inspection and copying. It does not give the mortgagor the right to take the originals back while the mortgage is outstanding.

The right has conditions. The mortgagor's right of redemption must still subsist. The request must be made at reasonable times. It is at the mortgagor's own cost, and he must pay the mortgagee's costs and expenses connected with it. The documents must be documents of title relating to the mortgaged property. They must be in the mortgagee's custody or power, which is wider than physical possession. A document held by the mortgagee's agent or bank locker may still be in his power.

In drafting, this matters for mortgage deeds, especially mortgage by deposit of title deeds. A careful deed lists the documents deposited, states how and when the mortgagor may inspect them, and fixes who bears the costs. You can repeat the statutory right or set out the procedure, but you should not draft it away in a way that contradicts the Act.

Key rules to remember

Who may claim: Mortgagor whose right of redemption subsists; Once the right of redemption is extinguished, the Section 60B right is no longer available.
What may be done: Inspect, and make copies, abstracts or extracts; The section speaks of inspection and copying, not of taking away the originals.
Documents covered: Documents of title relating to the mortgaged property, in the mortgagee's custody or power; Documents unrelated to the property, or not held by the mortgagee, fall outside the section.
Conditions of exercise: At reasonable times + at mortgagor's request + at mortgagor's own cost + on payment of mortgagee's costs and expenses; Check each condition separately in an answer.

How to solve Rights to Inspection and Production of Documents questions

Use a provision, analysis, conclusion structure. Test each ingredient of Section 60B against the facts before you decide.

1State the rule: Section 60B of the Transfer of Property Act, 1882 gives the mortgagor a right to inspect and copy documents of title held by the mortgagee.
2Identify the parties and confirm that the person claiming is the mortgagor and the other party is the mortgagee.
3Check that the right of redemption still subsists. If the mortgage was redeemed or the right was extinguished, say the claim fails.
4Check the documents: are they documents of title relating to the mortgaged property, and are they in the mortgagee's custody or power?
5Check the manner of request: reasonable time, made by the mortgagor, at his own cost, with the mortgagee's costs and expenses paid.
6Decide the extent of the right: inspection and copies, abstracts or extracts, not delivery of the originals.
7Conclude clearly. If drafting is asked, add a clause in the mortgage deed listing the documents and setting the procedure and costs.

Quickest way: Five-point checklist for Section 60B

When to use it: Use it for short case questions where you must say quickly whether the mortgagor can inspect.

Mortgagor? Redemption right alive?
Document of title for this property?
In mortgagee's custody or power?
Reasonable time, own cost, mortgagee's costs paid?
Answer: inspect and copy, not take away the originals.

Common mistakes in Rights to Inspection and Production of Documents

Saying the mortgagor can demand the original documents back at any time.
Students confuse inspection with redemption and return of documents.
Fix: Write that Section 60B gives inspection and copies, abstracts or extracts. Return of documents arises on redemption.
Ignoring the condition that the right of redemption must subsist.
Students focus on the right and skip the condition.
Fix: Always check in the facts whether the mortgage has been redeemed or the right extinguished.
Forgetting the cost condition.
The words 'at his own cost' and 'on payment of the mortgagee's costs and expenses' are easy to skim.
Fix: Mention both: the mortgagor bears his own cost and pays the mortgagee's costs and expenses in the matter.
Extending the right to every paper the mortgagee holds.
Students read 'documents' loosely.
Fix: Limit it to documents of title relating to the mortgaged property.
Treating the right as available at any hour.
The phrase 'reasonable times' is overlooked.
Fix: Say the mortgagor may inspect at reasonable times, such as during business hours on reasonable notice.
Confusing Section 60B with Section 73 of the Indian Stamp Act, 1899.
Both deal with inspection of documents.
Fix: Section 60B is a mortgagor's private right against the mortgagee. Section 73 of the Stamp Act deals with public officers permitting a person authorised by the Collector to inspect records to secure duty or detect fraud.

Worked examples

Example 1

Ramesh Iyer mortgaged his flat in Pune to Sunrise Finance Ltd and handed over the original sale deed. The mortgage is outstanding and he has not been barred from redeeming. He wants to inspect the sale deed and take a copy to show a prospective co-borrower. Sunrise refuses. Advise Ramesh.

Show the solution

Rule: under Section 60B of the Transfer of Property Act, 1882, a mortgagor may inspect and copy documents of title relating to the mortgaged property in the mortgagee's custody or power.
Facts: Ramesh is the mortgagor and Sunrise Finance is the mortgagee. The mortgage is outstanding and his right of redemption subsists.
The original sale deed is a document of title to the flat and is in Sunrise's custody.
Conditions: he must ask at a reasonable time, bear his own cost and pay Sunrise's costs and expenses for the inspection and copying.
Extent: he can inspect and make copies, abstracts or extracts. He cannot insist on taking the original away while the mortgage subsists.

Answer: Sunrise cannot lawfully refuse. Ramesh may inspect the sale deed and take copies at reasonable times, at his own cost and on paying Sunrise's costs and expenses, but he cannot demand the original.

Example 2

Draft a clause for a mortgage deed in which Meera Nair mortgages land to Bharat Bank Ltd by depositing title deeds, preserving her right under Section 60B.

Show the solution

Identify the parties: Meera Nair as mortgagor and Bharat Bank Ltd as mortgagee.
Refer to the documents: describe them in a schedule so that the documents of title are clear.
State the right: allow inspection and copying at reasonable times while the right of redemption subsists.
Allocate the costs: mortgagor bears her own cost and pays the mortgagee's costs and expenses.
Keep the clause consistent with the Act: do not exclude the right and do not promise the delivery of originals before redemption.

Answer: Clause: 'The Mortgagor shall, so long as her right of redemption subsists, be entitled at all reasonable times, on her request and at her own cost, and on payment of the Mortgagee's costs and expenses in this behalf, to inspect and make copies, abstracts or extracts of the documents of title listed in the Schedule that are in the custody or power of the Mortgagee.'

Exam tips

Write the rule in the words of the section: inspect, copies, abstracts, extracts, reasonable times, own cost, mortgagee's costs.
Always test whether the right of redemption subsists before concluding.
In a drafting question, put the clause in numbered form with a schedule of documents.
If the question mentions inspection by a government officer, think of the Stamp Act position rather than Section 60B.
Close every case answer with a one-line conclusion that applies the section to the facts.

Practice questions from Drafting of Agreements, Deeds and Documents

Rights to Inspection and Production of Documents: frequently asked questions

What does Section 60B of the Transfer of Property Act provide?

It entitles a mortgagor, while his right of redemption subsists, to inspect and make copies, abstracts or extracts of documents of title relating to the mortgaged property that are in the mortgagee's custody or power. It is exercisable at reasonable times, at his request and own cost, on paying the mortgagee's costs and expenses.

Can the mortgagor take back the original title documents under Section 60B?

No. The section gives a right to inspect and copy. The originals are generally returned when the mortgage is redeemed.

Who pays the cost of inspection?

The mortgagor pays his own cost and also the mortgagee's costs and expenses in connection with the inspection. The section makes both conditions of the right.

Is Section 60B the same as Section 73 of the Indian Stamp Act?

No. Section 60B is a mortgagor's right against the mortgagee. Section 73 of the Stamp Act requires public officers to allow a person authorised in writing by the Collector to inspect records to secure duty or detect fraud or omission.