- At any time after the principal money has become [due] [In section 60 'due' substituted for 'payable' , words in brackets in line five substituted for the words 'the mortgage deed, if any, to the mortgage', words (where the mortgage has been effected by a registered deed) omitted, word 'decree' substituted for 'under' and word 'only' inserted by Act VI of Samvat 1996.], the mortgagor has a right, on payment or tender, at a proper time and place, of the motgaged money, to require the mortgagee (a) to deliver 1[to the mortgagor the mortgage-deed and all documents relating to the mortgaged-property which are in possession or power of the mortgagee], (b) where the mortgagee is in possession of the mortgaged property, to deliver possession thereof to the mortgagor, and (c) at the cost of the mortgagor either to re-transfer the mortgaged-property to him or to such third person as he may direct, or to execute and [ x x x ] [In section 60 'due' substituted for 'payable' , words in brackets in line five substituted for the words 'the mortgage deed, if any, to the mortgage', words (where the mortgage has been effected by a registered deed) omitted, word 'decree' substituted for 'under' and word 'only' inserted by Act VI of Samvat 1996.] to have registered an acknowledgment in writing that any right in derogation of his interest transferred to the mortgagee has been extinguished :Provided that the right conferred by this section has not been extinguished by the act of the parties or by 1[decree] of a Court.The right conferred by this section is called a right to redeem and a suit to enforce it is called a suit for redemption.Nothing in this section shall be deemed to render invalid any provision to the effect that, if the time fixed for payment of the principal money has been allowed to pass or no such time has been fixed, the mortgagee shall be entitled to reasonable notice before payment or tender of such money.Redemption of portion of mortgaged property. - Nothing in this section shall entitle a person interested in a share only of the mortgaged property to redeem his own share only, on payment of a proportionate part of the amount remaining due on the mortgage, except [only] [In section 60 'due' substituted for 'payable' , words in brackets in line five substituted for the words 'the mortgage deed, if any, to the mortgage', words (where the mortgage has been effected by a registered deed) omitted, word 'decree' substituted for 'under' and word 'only' inserted by Act VI of Samvat 1996.] where a mortgagee, or, if there are more mortgagees than one, all such mortgagees, has or have acquired in whole or in part, the share of a mortgagor.
