Articles 61 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Unlike most contract claims, mortgage suits can run for decades. Articles 61 to 63 of the Schedule to the Limitation Act, 1963 give thirty years, twelve years or three years, depending on who sues and for what. A borrower who wants property back, a lender who wants payment, and a mortgagee who wants foreclosure or possession each fall under a different entry.
The text below follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked.
A mortgagor suing to redeem or recover possession has thirty years from when the right accrues (Article 61(a)). A suit to enforce payment of money secured by a mortgage or charged on immovable property has twelve years from when the money becomes due (Article 62). A mortgagee suing for foreclosure has thirty years from when the money becomes due (Article 63(a)), and for possession twelve years from when the mortgagee becomes entitled to it (Article 63(b)). Recovery of surplus collections is only three years (Article 61(c)).
Where these Articles sit
Articles 61 to 63 are in the First Division (suits), Part V (suits relating to immovable property). Because the periods are long, the main job is to identify which entry applies and the exact date from which it runs. A lender or borrower with a long-standing mortgage can start with a recovery suit assessment of the documents. Our guide to how the Schedule is laid out explains the three columns.
Copied as printed:
| Article | Description of suit | Period of limitation | Time from which period begins to run |
|---|---|---|---|
| 61 | By a mortgagor— | ||
| 61 (a) | to redeem or recover possession of immovable property mortgaged; | Thirty years. | When the right to redeem or to recover possession accrues. |
| 61 (b) | to recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration; | Twelve years. | When the transfer becomes known to the plaintiff. |
| 61 (c) | to recover surplus collections received by the mortgagee after the mortgage has been satisfied. | Three years. | When the mortgagor re-enters on the mortgaged property. |
| 62 | To enforce payment of money secured by a mortgage or otherwise charged upon immovable property. | Twelve years. | When the money sued for becomes due. |
| 63 | By a mortgagee— | ||
| 63 (a) | for foreclosure; | Thirty years. | When the money secured by the mortgage becomes due. |
| 63 (b) | for possession of immovable property mortgaged. | Twelve years. | When the mortgagee becomes entitled to possession. |
Article by Article with dates
Under section 12(1), the day from which a period is reckoned is excluded. A period of years ends on the same calendar date that many years later.
Article 61(a): the mortgagor's suit to redeem or recover possession. The period is thirty years from "when the right to redeem or to recover possession accrues". If the right to redeem accrued on 1 April 1998, the thirty years end on 1 April 2028. The text does not say when the right accrues in a particular mortgage; that depends on the deed, so read the terms of redemption in your document. For the kinds of mortgage, see our posts on types of mortgage and simple, English, usufructuary and equitable mortgages.
Article 61(b): property transferred by the mortgagee. The mortgagee transfers the mortgaged property to a third person for a valuable consideration, and the mortgagor wants possession back. The period is twelve years from "when the transfer becomes known to the plaintiff". If the mortgagor learns of the transfer on 9 September 2023, the twelve years end on 9 September 2035.
Article 61(c): surplus collections. After a mortgage has been satisfied, the mortgagee may have collected more than was owed, for example rent from a property held in possession. The suit to recover those surplus collections has three years from "when the mortgagor re-enters on the mortgaged property". If the mortgagor re-enters on 15 August 2024, the three years end on 15 August 2027. Note the short period: it is the only three-year entry in Article 61.
Article 62: money secured by a mortgage or charged on immovable property. The suit "to enforce payment of money secured by a mortgage or otherwise charged upon immovable property" has twelve years from "when the money sued for becomes due". If the money became due on 30 June 2022, the twelve years end on 30 June 2034. This is the Article for a lender's suit on the security. If the claim is only on a loan with no mortgage or charge, Articles 19 to 25 apply instead. For the meaning of a charge and how it differs from a mortgage, see our post on charge, mortgage, hypothecation and pledge.
Article 63(a): foreclosure. A mortgagee's suit for foreclosure has thirty years from "when the money secured by the mortgage becomes due". If the money fell due on 1 January 2020, the thirty years end on 1 January 2050.
Article 63(b): possession of mortgaged property. The mortgagee's suit for possession has twelve years from "when the mortgagee becomes entitled to possession". If that is 10 October 2021, the twelve years end on 10 October 2033.
What can change the count
- Section 19: a payment on account of a debt before expiry can give a fresh period if it is acknowledged as the section requires, and the Explanation to that section deals with a mortgagee in possession. Read section 19 for the conditions.
- Section 18: a signed written acknowledgment of liability before expiry gives a fresh period. See section 18.
- Section 20: an acknowledgment or payment by one mortgagee, joint contractor or partner may or may not bind the others. See section 20.
- Section 6: a legal disability at the time the period starts can postpone the count. See section 6.
- Section 4: if the last day falls when the court is closed, the suit may be filed on the day it re-opens.
- Section 5 does not help a suit. It applies to appeals and applications only.
Special laws, especially for bank and secured loans
Section 29(2) says that where a special or local law prescribes a different period, that period applies. Secured loans of banks and financial institutions are often handled under special recovery laws, with their own forums and time limits. This article states none of those periods; see our post on bank recovery of secured loans through special law. For the mortgage documents themselves, see drafting a mortgage deed.
Checklist
- Identify who is suing (mortgagor or mortgagee) and the relief sought.
- Pick the entry: 61(a), (b), (c), 62, 63(a) or 63(b).
- Find the date the right accrued, the transfer became known, the mortgagor re-entered, or the money became due.
- Look for acknowledgments and part payments in the file.
- Compute the end date with section 12(1) in mind.
Need help with a mortgage or a charged property?
Long limitation periods can hide short ones, as Article 61(c) shows. We can read the deed and the payment history, identify the entry that applies and help you plan a recovery suit with the dates set out.
Key takeaways
- Redemption and foreclosure: thirty years (Articles 61(a), 63(a)).
- Enforcing payment of money secured by a mortgage or charge, and a mortgagee's suit for possession: twelve years (Articles 62, 63(b)).
- Recovering mortgaged property transferred by the mortgagee: twelve years from when the transfer becomes known (61(b)).
- Surplus collections: only three years (61(c)).
- Section 5 does not extend the time to file a suit; a special or local law may fix a different period; later amendments should be checked.
Read next
- Articles 59–60: cancellation of an instrument, setting aside a decree and rescission
- Articles 64–67: possession of immovable property, adverse possession and landlord and tenant
- Section 19 of the Limitation Act: part payment and a fresh period
- Mortgage types under the Transfer of Property Act
Disclaimer: Based on a consolidated text of the Limitation Act, 1963 and its Schedule whose latest amendment shown is Act 46 of 1999, as consulted on 2 October 2026. A special or local law may fix a different period; later amendments and the current procedural law should be checked. This article is general information, not legal advice; check the official text before acting.