Section 92 of the Transfer of the Property Act deals with the doctrine of Subrogation.

Subrogation means Substitution.It enables a person to stand in the shoes of the creditor.In other words,whena mortgage transfers his mortgaged debt,the assignee gets all the rights of the mortgagee.Unless there is redemption by the assignee, there can be no subrogation.A co-mortgagor on redeeming the property in the place of the actual mortgagor gets the rights of the first mortgagees.

According to Section 92,any person who has any interest in or charge upon the property mortgaged or any surety for the payment of the mortgage debt or any creditor of the mortgagor or co-mortgagor,on redemption of the mortgaged property,have the same rights as of the original mortgagee in redemption,foreclosure or sale of the propertty against the mortgagor or any other mortgagee,this right is called right of subrogation.

1. There should be redemption by a person other than the mortgagor.

2. The redemption should be with regard to the full property.

3. By payment of the mortgage money the persons redeeming the property occupies the place of the original mortgagee.There can be no partial subrogation even though partial redemption is allowed sometimes.

There are two types of Subrogation.

They are :-

1. Leagl Subrogation and

2. Conventional Subrogation.

Legal Subrogation may occur in four ways.

a. A subsquent mortgagea may redeem the property from a prioe mortgagee.A Puisne mortgagee on redeeming a prior mortgagee gets the position of the prior mortgagee.

b. A co-mortgagor may redeem a mortgage.

Eg:- where "A" and "B" have equal share in the property "X",mortgage "X" to "C" for Rs.10,000."B" pays off the amount of Rs.10,000."B" stande in the shoes of the mortgagee to the extent of amount paid by him in excess i.e., here it is Rs.5000.

c. The mortgagor's surety may redeem the mortgage.

d. Purchaser of equity redemption mayn redeem the mortgage.

A Conventional subrogation takes place by the act of parties and the person redeeming the property has no interest towards the property.Such a stranger may advance money under an agreement and get the right of subrogation.Byt there  should be a written agreement between the mortgagor and the redeemer.

Conventional Subrogation is possible only under certain conditions.

a. There should be an agreement with the mortgagor.

b. The agreement for subrogation should be bt maens of a registered document.Legal Subrogation can be claimed only when the person paying the debt is already having an interest in the property.Any person who has no such interest cannot claim Subrogation.

1. If the person redeeming the property is not given the right of subrogation  the subsequently mortgagees will gain priority to his detriment.

2. It also benefits the first mortgagee to get his purchase money.

3. Doctrine is based on equity and justice because it removes many hardships.