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

Rohan mortgaged his shop to a lender. The mortgage was redeemed and the right of redemption has now been extinguished. Later, Rohan asks the former mortgagee to let him inspect the title deeds under Section 60B of the Transfer of Property Act, 1882. Which statement is correct?

Section 60B grants the inspection right to a mortgagor only as long as the right of redemption subsists. Once that right has been extinguished, Rohan can no longer rely on the section to demand inspection of the title documents from the former mortgagee.

  1. ARohan can still claim inspection because he was once the mortgagor
  2. BRohan can claim inspection only if the mortgagee's costs are waived
  3. CSection 60B entitles Rohan to inspection only as long as his right of redemption subsists, so it no longer supports his claimCorrect
  4. DRohan can claim inspection only of documents not relating to the mortgaged property

Explanation

Section 60B confers the right on a mortgagor 'as long as his right of redemption subsists'. Once redemption rights are extinguished, the statutory right ends. Costs are not waived by the section in any case.

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