Whether partial redemption is allowed?
The mortgage is indivisible according to the Section 60 of the Transfer of property act. It does not allow partial redemption. Even anyone of the mortgagors cannot redeem any part of the mortgaged property by paying the proportionate amount. If redeemed, the entire property has to be redeemed. The only exception is, if the mortgagee is a creditor himself and is responsible for breaking the integrity of the mortgage by allowing the co-mortgagor to redeem partially or when he acquires the interest of one of the co-mortgagors.
The Collector or dist. Registrar may call for the abstract of the instrument and also for the evidence to prove that all the circumstances and facts are correctly set forth in the instrument. The Collector thereof will decide the correct stamp duty payable and on payment of duty or any shortfall, shall certify to that effect. Such person need not pay any penalty or fine. If the document does not attract any stamp duty the Collector shall certify accordingly.