1The Transfer of Property Act, 1882

( ACT NO. IV OF 1882 )

58.“Mortgage,” “mortgagor,” “mortgagee,” “mortgage-money” and “mortgage-deed”defined

Simple mortgage

Mortgage by conditional sale

Usufructuary mortgage

English mortgage

Mortgage by deposit of title-deeds

Anomalous mortgage

59. Mortgage when to be by assurance

59A. References to mortgagors and mortgagees to include persons deriving title from them

Rights and Liabilities of Mortgagor

60. Right of mortgagor to redeem.

Redemption of portion of mortgaged property

60A. Obligation to transfer to third party instead of re-transference to mortgagor

60B. Right to inspection and production of documents

61. Right to redeem separately or simultaneously

62. Right of usufructuary mortgagor to recover possession

63. Accession to mortgaged property

Accession acquired in virtue of transferred ownership

63A. Improvements to mortgaged property

64. Renewal of mortgaged lease

65. Implied contracts by mortgagor

65A. Mortgagor’s power to lease

66. Waste by mortgagor in possession

Rights and Liabilities of Mortgagee

67. Right to foreclosure or sale

67A. Mortgagee when bound to bring one suit on several mortgages

68. Right to sue for mortgage-money

69. Power of sale when valid

69A. Appointment of receiver

70. Accession to mortgaged property

71. Renewal of mortgaged lease

72. Rights of mortgagee in possession

73. Right to proceeds of revenue sale or compensation on acquisition

74. [Repealed]

75. [Repealed]

76. Liabilities of mortgagee in possession

Loss occasioned by his default

77. Receipts in lieu of interest

Priority

78. Postponement of prior mortgagee

79. Mortgage to secure uncertain amount when maximum is expressed

80. [Repealed]

Marshalling and Contribution

81. Marshalling securities

82. Contribution to mortgage-debt

Deposit in Court

83. Power to deposit in Court money due on mortgage

84. Cessation of interest

85. [Repealed]

86. [Repealed]

87. [Repealed]

88. [Repealed]

89. [Repealed]

90. [Repealed]

Redemption

91. Person who may sue for redemption

92. Subrogation

93. Prohibition of tacking

94. Rights of mesne mortgagee

95. Right of redeeming co-mortgagor to expenses

96. Mortgage by deposit of title-deeds

97. [Repealed]

Anomalous Mortgages

98. Rights and liabilities of parties to anomalous mortgages

99. [Repealed]

Charges

100. Charges

101. No merger in case of subsequent encumbrance

Notice and Tender

102. Service or tender on or to agent

103. Notice, etc., to or by person incompetent to contract

104. Power to make rules

Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs