Justice B.V. Nagarathna, Justice R. Mahadevan, Supreme Court The Supreme Court has reiterated that when there is a usufructuary mortgage, the period of limitation does not run from the date of creation of the mortgage but from the date of payment of mortgage either out of

[26/12, 11:52] Sekarreporter: Limitation Period In Case Of Usufructuary Mortgage Doesn’t Run From Date of Mortgage Creation But From Date Of Payment Of Mortgage: Supreme Court

https://www.verdictum.in/court-updates/supreme-court/dalip-singhd-v-sawan-singh-d-2025-insc-1498-limitation-period-usufructuary-mortgage-date-of-payment-1602434

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[26/12, 11:52] Meta AI: The Supreme Court has ruled that the limitation period for a usufructuary mortgage doesn’t start from the date of mortgage creation, but rather from the date of payment of the mortgage money. This means that the mortgagor’s right to redeem the property isn’t time-barred until the mortgage money is paid out of the rents and profits or partly out of rents and profits and partly by payment or deposit by the mortgagor, as per Section 62 of the Transfer of Property Act, 1882. ¹ ² ³

In simpler terms, the clock doesn’t start ticking on the limitation period until the mortgagee has been paid back in full. This ruling emphasizes that a usufructuary mortgagee can’t claim ownership of the property simply because a long time has passed since the mortgage was created. ⁴ ⁵

Would you like to know more about the implications of this judgment or explore how it affects property rights in India?
[26/12, 11:57] Sekarreporter: Home / Court Updates / Supreme Court Limitation Period In Case Of Usufructuary Mortgage Doesn’t Run From Date Of Mortgage Creation But From Date Of Payment Of Mortgage: Supreme Court The Supreme Court was considering a matter involving the issue of redemption of a disputed property that was mortgaged. ByTulip Kanth|26 Dec 2025 11:00 AM Justice B.V. Nagarathna, Justice R. Mahadevan, Supreme Court The Supreme Court has reiterated that when there is a usufructuary mortgage, the period of limitation does not run from the date of creation of the mortgage but from the date of payment of mortgage either out of the usufructuary or partly out of the usufructuary or partly on payment of a deposit by the mortgagor as provided under Section 52 of the Transfer of Property Act, 1882. The Apex Court was considering a matter involving the issue of redemption of a disputed property that was mortgaged. The Division Bench of Justice B.V. Nagarathna and Justice R. Mahadevan held, “However, during the course of submissions, the judgment in Singh Ram (supra) referred to above, by a three judge Bench of this Court reported in (2014) 9 SCC 185 has been brought to our notice. On a perusal of the said judgment, it is noted that when there is a usufructuary mortgage, the period of limitation does not run from the date of creation of the mortgage but from the date of payment of mortgage- either out of the usufructuary or partly out of the usufructuary or partly on payment of deposit by mortgager as provided under Section 52 of Transfer of Property Act, 1882.”

https://www.verdictum.in/court-updates/supreme-court/dalip-singhd-v-sawan-singh-d-2025-insc-1498-limitation-period-usufructuary-mortgage-date-of-payment-1602434
[26/12, 11:57] Meta AI: The Supreme Court has ruled that the limitation period for a usufructuary mortgage doesn’t start from the date of mortgage creation, but rather from the date of payment of the mortgage money. This means that the mortgagor’s right to redeem the property isn’t time-barred until the mortgage money is paid out of the rents and profits or partly out of rents and profits and partly by payment or deposit by the mortgagor, as per Section 62 of the Transfer of Property Act, 1882. ¹ ² ³

The judges involved in this case are Justice B.V. Nagarathna and Justice R. Mahadevan. The court emphasized that a usufructuary mortgagee can’t claim ownership of the property simply because a long time has passed since the mortgage was created. This ruling reinforces the principle that “once a mortgage, always a mortgage” and is always redeemable. ⁴

Would you like to know more about the implications of this judgment or explore how it affects property rights in India?