Skip to content

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

Meera Textiles Pvt Ltd mortgaged its factory land to Sunrise Bank and its right of redemption still subsists. Before deciding on repayment, Meera Textiles asks the bank to let it examine the title deeds of the land that the bank holds, and offers to bear the cost of making copies. Under Section 60B of the Transfer of Property Act, 1882, the position is that:

A mortgagor whose right of redemption subsists may, at reasonable times and at its own cost, inspect and copy documents of title held by the mortgagee, paying the mortgagee's costs and expenses. The right does not wait for repayment and cannot be refused merely because the mortgagee holds the documents.

  1. AThe mortgagor may inspect and make copies or abstracts of the title documents at reasonable times, at its own cost and on paying the mortgagee's costs and expensesCorrect
  2. BThe mortgagor may inspect the documents only after the mortgage debt has been fully repaid
  3. CThe mortgagee may refuse inspection because the documents are in its custody
  4. DThe mortgagor may inspect documents free of cost, while the mortgagee bears the copying expenses

Explanation

Section 60B gives a mortgagor, while the right of redemption subsists, a right at reasonable times to inspect and make copies, abstracts or extracts of title documents in the mortgagee's custody or power. The mortgagor bears its own cost and pays the mortgagee's costs and expenses. Allowing inspection only after repayment ignores that the right exists while redemption subsists.

Did you get it right without looking?

One question tells you little. A timed set on Drafting of Agreements, Deeds and Documents shows your real accuracy, how long you take and where you lose marks.

Practise Drafting of Agreements, Deeds and DocumentsFree diagnostic mock

More Drafting of Agreements, Deeds and Documents questions