Question:
Once a mortgage always a mortgage. What does it mean?
Once a mortgage always a mortgage. What does it mean?
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Under Section 60 of the Transfer of Property Act, the right of redemption is a statutory right.
Any contractual term that restricts this right (such as a condition that the mortgage becomes a sale if not repaid in time) is void as a clog on redemption.
Any contractual term that restricts this right (such as a condition that the mortgage becomes a sale if not repaid in time) is void as a clog on redemption.
Updated On: Jul 7, 2026
- Mortgagor’s right of redemption can be taken away from him by any law or contract
- Right of redemption of mortgagor is indefeasible and cannot be detached from the mortgagor
- The mortgage may be redeemed at any time after the principal money has become due.
- Both (b) and (c)
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The Correct Option is D
Solution and Explanation
Step 1: Understanding the Question:
The question asks for the true legal meaning and implications of the classic equitable maxim, "Once a mortgage, always a mortgage".
Step 2: Detailed Explanation:
• Origin of the Maxim: This maxim is a rule of equity formulated to protect mortgagors from being unfairly deprived of their property.
It emphasizes that the transaction, having started as a security for a debt (mortgage), must retain that character and cannot be converted into something else to block the right to recover the property.
• Clog on Redemption: Any provision in the mortgage deed or collateral agreement that prevents or restricts the mortgagor's right to redeem the property is called a "clog on redemption" and is held void by courts.
Therefore, the right of redemption is indefeasible and cannot be detached from the mortgagor. This supports statement (B).
• Redemption post Due Date: The mortgagor is entitled to redeem the mortgage at any time after the principal money has become due, provided the right has not been extinguished by act of parties or decree of a court. This supports statement (C).
Step 3: Final Answer:
Since both statements (b) and (c) correctly explain the implications of the maxim, the correct option is (D).
The question asks for the true legal meaning and implications of the classic equitable maxim, "Once a mortgage, always a mortgage".
Step 2: Detailed Explanation:
• Origin of the Maxim: This maxim is a rule of equity formulated to protect mortgagors from being unfairly deprived of their property.
It emphasizes that the transaction, having started as a security for a debt (mortgage), must retain that character and cannot be converted into something else to block the right to recover the property.
• Clog on Redemption: Any provision in the mortgage deed or collateral agreement that prevents or restricts the mortgagor's right to redeem the property is called a "clog on redemption" and is held void by courts.
Therefore, the right of redemption is indefeasible and cannot be detached from the mortgagor. This supports statement (B).
• Redemption post Due Date: The mortgagor is entitled to redeem the mortgage at any time after the principal money has become due, provided the right has not been extinguished by act of parties or decree of a court. This supports statement (C).
Step 3: Final Answer:
Since both statements (b) and (c) correctly explain the implications of the maxim, the correct option is (D).
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