All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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71.

Which of the following statements regarding the right of redemption of a mortgagor is the most accurate ?

A: The right of redemption of a mortgagor is exclusively a contractual right.
B: Any clog or fetter on the right of redemption of a mortgagor is voidable at the instance of the mortgagee.
C: Any clog or fetter on the right of redemption of a mortgagor is voidable at the instance of the mortgagor.
D: Any clog or fetter on the right of redemption of a mortgagor is null and void.
E: Any clog or fetter on the right of redemption of a mortgagor is valid if the mortgage deed provides for it.

The answer is: D

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Explanation

The most accurate statement regarding the right of redemption of a mortgagor is :

D: Any clog or fetter on the right of redemption of a mortgagor is null and void.

Explanation:

In many jurisdictions, including common law systems, covenants or clauses in a mortgage agreement that unreasonably restrict or impede the mortgagor's right to redeem the property are considered void or unenforceable. This means that any such clogs or fetters on the right of redemption are null and void as a matter of law.

Options A, B, and E are not accurate because they do not reflect the common legal principle that restrictions on the right of redemption are generally void or unenforceable if they are unreasonable or unfair.

Option C, although somewhat accurate, is not as precise as Option D because it states that such restrictions are "voidable" rather than "null and void." In practice, these restrictions are often considered void, meaning they have no legal effect, rather than merely being voidable, which implies that they could potentially be upheld under certain circumstances.