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Analysis Study Research Paper | Law | India | Volume 13 Issue 8, August 2024 | Rating: 5.4 / 10
Comparative Analysis of Redemption Rights in Secured Transactions: The SARFAESI Act vs. Transfer of Property Act in India
Rishika Swaraj
Abstract: This research paper explores the concept of the right of redemption in the context of secured transactions in India, focusing on the SARFAESI Act, 2002, and the Transfer of Property Act, 1882. The right of redemption is a critical legal provision that allows mortgagors, or borrowers, to reclaim their mortgaged property by repaying the secured debt in full. This right serves as a crucial mechanism for balancing the interests of both borrowers and lenders within the framework of secured transactions. The paper undertakes a comparative analysis of the SARFAESI Act and the Transfer of Property Act, exploring how each statute addresses secured transactions and the right of redemption. The SARFAESI Act, enacted to streamline the recovery of non-performing assets by financial institutions, provides a more expedited and efficient process for enforcing security interests. It empowers lenders with significant rights to recover debts without resorting to lengthy judicial procedures, thus enhancing the speed and efficiency of debt recovery. On the other hand, the Transfer of Property Act, 1882, rooted in traditional mortgage principles, places a strong emphasis on protecting the rights of mortgagors, particularly through the provision of the right of redemption. Through this analysis, the study highlights the contrasting approaches of these two legislative frameworks. While the SARFAESI Act is lauded for its effectiveness in facilitating quicker recovery processes, it also raises concerns about the potential erosion of the mortgagor's rights. Conversely, the Transfer of Property Act, with its emphasis on the protection of the mortgagor's right to redemption, offers a more borrower-centric approach, ensuring that borrowers have the opportunity to redeem their property upon fulfilling their debt obligations.
Keywords: right of redemption, secured transactions, SARFAESI Act, Transfer of Property Act
Edition: Volume 13 Issue 8, August 2024,
Pages: 1302 - 1307