Indian Bare Acts

Search Alphabatically :

THE TRANSFER OF PROPERTY ACT, 1882

Title : THE TRANSFER OF PROPERTY ACT, 1882

Year : 1882



(a) A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability.

The transferor is called a mortgagor, the transferee a mortgage; the principal money and interest of which payment is secured for the time being are called the mortgage-money, and the instrument (if any) by which the transfer is effected is called a mortgage-deed.

(b) Simple mortgage.-Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgage shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgage a simple mortgage.

(c) Mortgage by conditional sale.-Where, the mortgagor ostensibly sells the mortgaged property-

on condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute, or

on condition that on such payment being made the sale shall become void, or

on condition that on such payment being made the buyer shall transfer the property to the seller,

the transaction is called a mortgage by conditional sale and the mortgage a mortgage by conditional sale:

1*[Provided that no such transaction shall be deemed to be a mortgage, unless the condition is embodied in the document which effects or purports to effect the sale.]

(d) Usufructuary mortgage.-Where the mortgagor delivers possession 1*[or expressly or by implication binds himself to deliver possession] of the mortgaged property to the mortgage, and authorizes him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property 2*[or any part of such rents and profits and to appropriate the same] in lieu of interest, or in payment of the mortgage-money, or partly in lieu of interest 3*[or] partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgage an usufructuary mortgage.

(e) English mortgage.-Where the mortgagor binds himself to repay the mortgage-money on a certain date, and transfers the mortgaged property absolutely to the mortgage, but subject to a proviso that he will re-transfer it to the mortgagor upon payment of the mortgage-money as agreed, the transaction is called an English mortgage.

4*[(f) Mortgage by deposit of title-deeds.-Where a person in any of the following towns, namely, the towns of Calcutta, Madras,5*[and Bombay], 6 [* * *] and in any other 7* town which the 8*[State Government concerned] may, by notification in the Official Gazette, specify in this behalf, delivers to a creditor or his agent documents of title to immoveable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title-deeds.

(g) Anomalous mortgage.-A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act 20 of 1929, Section 19.

2. Substituted by Act 20 Section 19, for "and to appropriate them".

3. Substituted by Act 20 1929 Section 19, for "and".

4. Added by Act 20 of 1929, Section 19.

5. Substituted by the A.O. 1948, for "Bombay and Karachi". The word "and" had been Inserted by the A.O. 1937.

6. The words " Rangoon, Moulmein, Bassein and Akyab" omitted by the A.O. 1937.

7. For notifications relating to the towns of-Ahmedabad, see Gazette of India, 1935, Pt. I, p. 936, Bandra, Kurla and Ghatkoper Kirol, see Gazette of India, 1924, Pt. I, p.1064,Cawnpore, Allahabad and Lucknow, see Gazette of India, 1938, Pt. I, p.158. Coimbatore, Madura, Cocanada and Cochin, see Gazette of India, 1935, Pt. I, p. 526.

8. The words "Governor General in Council." successively amended by the A.O. 1937 and the A.O. 1950 to read as above.

--------------------------------------------------------------------------------------------------------------------------------------------------------



Where the principal money secured is one hundred rupees or upwards, a mortgage 2*[other than a mortgage by deposit of title-deeds] can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses.
Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by 3*[a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property.
4 [* * *]

59A -5* References to mortgagors and mortgagees to include persons deriving title from them

Unless otherwise expressly provided, references in this Chapter to mortgagors and mortgages shall be deemed to include references to persons deriving title from them respectively.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. As to limitation to the territorial operation of section 59, see section 1, supra Section 59, extends to every cantonment--see section 287 of the Cantonments Act, 1924 (2 of 1924)

2. Inserted by Act 20 of 1929, section 20.

3. Substituted by Act 6 of 1904, section 3, for "an instrument".

4. The third paragraph was omitted by Act 20 of 1929, section 20.

5. Inserted by Act20 of 1929, section 21.

--------------------------------------------------------------------------------------------------------------------------------------------------------



At any time after the principal money has become1*[due], the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgage-money, to require the mortgage (a) to deliver 2*[to the mortgagor the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgage], (b) where the mortgage is in possession of the mortgaged property, to deliver possession thereof to the mortgagor, and (c) at the cost of the mortgagor either to re-transfer the mortgaged property to him or to such third person as he may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have registered an acknowledgment in writing that any right in derogation of his interest transferred to the mortgage has been extinguished :

Provided
that the right conferred by this section has not been extinguished by act of the parties or by 3*[decree] of a Court.
The right conferred by this section is called a right to redeem and a suit to enforce it is called a suit for redemption.

Nothing in this section shall be deemed to render invalid any provision to the effect that, if the time fixed for payment of the principal money has been allowed to pass or no such time has been fixed, the mortgage shall be entitled to reasonable notice before payment or tender of such money.

Redemption of portion of mortgaged property. -

Nothing in this section shall entitle a person interested in a share only of the mortgaged property to redeem his own share only, on payment of a proportionate part of the amount remaining due on the mortgage, except4*[only] where a mortgage, or, if there are more mortgages than one, all such mortgages, has or have acquired, in whole or in part, the share of a mortgagor.

60A - 5*Obligation to transfer to third party instead of re-transference to mortgagor

(1) Where a mortgagor is entitled to redemption, then, on the fulfillment of any conditions on the fulfillment of which he would be entitled to require a re-transfer, he may require the mortgage, instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgage shall be bound to assign and transfer accordingly.

(2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance; but the requisition of any encumbrance shall prevail over a requisition of the mortgagor and, as between encumbrances, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer.

(3) The provisions of this section do not apply in the case of a mortgage who is or has been in possession.

60B - Right to inspection and production of documents

 
A mortgagor, as long as his right of redemption subsists, shall be entitled at all reasonable times, at his request and at his own cost, and on payment of the mortgage's costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgage.

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, section 22, for "payable".

2. Substituted by Act 20 of 1929, section 22, for "the
mortgage-deed, if any, to the mortgagor".

3. Substituted by Act 20 of 1929, Section 22, for "order".

4. Inserted by Act 20 of 1929 section 22.

5. Sections 60A and 60B Inserted by Act 20 of 1929, section 23.

-----------------------------------------------------------------------------------------------------------------------------------------------------



A mortgagor who has executed two or more mortgages in favour of the same mortgage shall, in the absence of a contract to the contrary, when the principal money of any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately, or any two or more of such mortgages together.

------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, section 24 for the original section.

------------------------------------------------------------------------------------------------------------------------------------------------------



In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 1*[together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgage], -

(a) Where the mortgage is authorized to pay himself the mortgage-money from the rents and profits of the property, when such money is paid;

(b) Where the mortgage is authorized to pay himself from such rents and profits 2*[or any part thereof a part only of the mortgage-money], - when the term, (if any), prescribed for the payment of the mortgage-money has expired and the mortgagor pays or tenders to the mortgage 3*[the mortgage-money or the balance thereof] or deposits it in Court as hereinafter provided.

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act 20 of 1929, section 25.

2. Substituted by Act 20 of 1929, Section 25, for "the interest of the principal money".

3. Substituted by Act 20 of 1929, Section 25, for " the principal money".

--------------------------------------------------------------------------------------------------------------------------------------------------------



Where mortgaged property in possession of the mortgage has, during the continuance of the mortgage, received any accession, the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled as against the mortgage to such accession.

Accession acquired in virtue of transferred ownership. -

Where such accession has been acquired at the expense of the mortgage and is capable of separate possession or enjoyment without detriment to the principal property, the mortgagor desiring to take the accession must pay to the mortgage the expense of acquiring it. If such separate possession or enjoyment is not possible, the accession must be delivered with the property; the mortgagor being liable, in the case of an acquisition necessary to preserve the property from destruction, forfeiture or sale, or made with his assent, to pay the proper cost thereof, as an addition to the principal money, 1*[with interest at the same rate as is payable on the principal, or, where no such rate is fixed, at the rate of nine per cent. per annum].

In the case last mentioned the profits, if any, arising from the accession shall be credited to the mortgagor.

Where the mortgage is usufructuary and the accession has been acquired at the expense of the mortgage, the profits, if any, arising from the accession shall, in the absence of a contract to the contrary, be set off against interest, if any, payable on the money so expended.

63A - 2* Improvements to mortgaged property

(1) Where mortgaged property in possession of the mortgage has, during the continuance of the mortgage, been improved, the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled to the improvement; and the mortgagor shall not, save only in cases provided for in sub-section (2), be liable to pay the cost thereof.

(2) Where any such improvement was effected at the cost of the mortgage and was necessary to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insufficient, or was made in compliance with the lawful order of any public servant or public authority, the mortgagor shall, in the absence of a contract to the contrary, be liable to pay the proper cost thereof as an addition to the principal money with interest at the same rate as is payable on the principal, or, where no such rate is fixed, at the rate of nine per cent per annum, and the profits, if any, accruing by reason of the improvement shall be credited to the mortgagor.]

-------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 26, for "at the same rate of interest".

2. Inserted by Act 20 of 1929, Section 27.

-------------------------------------------------------------------------------------------------------------------------------------------------------



Where the mortgaged property is a lease1[ * * *], and the mortgage obtains a renewal of the lease, the mortgagor, upon redemption, shall, in the absence of a contract by him to the contrary, have the benefit of the new lease.

-------------------------------------------------------------------------------------------------------------------------------------------------------

1. The words "for a term of years" omitted by Act 20 of 1929, Section 28.

-------------------------------------------------------------------------------------------------------------------------------------------------------



In the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgage,-

(a) That the interest which the mortgagor professes to transfer to the mortgage subsists, and that the mortgagor has power to transfer the same;

(b) That the mortgagor will defend, or, if the mortgage be in possession of the mortgaged property, enable him to defend, the mortgagor's title thereto;

(c) That the mortgagor will, so long as the mortgage is not in possession of the mortgaged property, pay all public charges accruing due in respect of the property;

(d) And, where the mortgaged property is a lease 1 [***], that the rent payable under the lease, the conditions contained therein, and the contracts binding on the lessee have been paid, performed and observed down to the commencement of the mortgage; and that the mortgagor will, so long as the security exists and the mortgage is not in possession of the mortgaged property, pay the rent reserved by the lease, or, if the lease be renewed, the renewed lease, perform the conditions contained therein and observe the contracts binding on the lessee, and indemnify the mortgage against all claims sustained by reason of the non-payment of the said rent or the non-performance or non-observance of the said conditions and contracts;

(e) And, where the mortgage is a second or subsequent encumbrance on the property, that the mortgagor will pay the interest from time to time accruing due on each prior encumbrance as and when it becomes due, and will at the proper time discharge the principal money due on such prior encumbrance.

2 [* * *]

The benefit of the contracts mentioned in this section shall be annexed to and shall go with the interest of the mortgage as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.

65A -3* Mortgagor's power to lease

(1) Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgage.

(2) (a) Every such lease shall be such as would be made in the ordinary course of management of the property concerned, and in accordance with any local law, custom or usage,

(b) Every such lease shall reserve the best rent that can reasonably be obtained, and no premium shall be paid or promised and no rent shall be payable in advance,

(c) No such lease shall contain a covenant for renewal,

(d) Every such lease shall take effect from a date not later than six months from the date on which it is made,

(e) In the case of a lease of buildings, whether leased with or without the land on which they stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a covenant for payment of the rent and a condition of re-entry on the rent not being paid within a time therein specified.

(3) The provisions of sub-section (1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of sub-section (2) may be varied or extended by the mortgage-deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. The words "for a term of years" omitted by Act of 1929, Section 29.

2. Certain words omitted by Act 20 of 1929, Section 29.

3. Inserted by Act 20 of 1929, Section 30.

--------------------------------------------------------------------------------------------------------------------------------------------------------



A mortgagor in possession of the mortgaged property is not liable to the mortgage for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will be rendered insufficient by such act.

Explanation.-A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due on the mortgage.



In the absence of a contract to the contrary, the mortgage has, at any time after the mortgage-money has become 1*[due] to him, and before a decree has been made for the redemption of the mortgaged property, or the mortgage-money has been paid or deposited as hereinafter provided, a right to obtain from the court 2 [a decree] that the mortgagor shall be absolutely debarred of his right to redeem the property, or 2*[a decree] that the property be sold.

A suit to obtain 2*[a decree] that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called a suit for foreclosure.

Nothing in this section shall be deemed-

3*[(a) To authorize any mortgage other than a mortgage by conditional sale or a mortgage under an anomalous mortgage by the terms of which he is entitled to foreclose, to institute a suit for foreclosure, or anusufructuary mortgage as such or a mortgage by conditional sale as such to institute a suit for sale; or]

(b) To authorize a mortgagor who holds the mortgage's rights as his trustee or legal representative, and who may sue for a sale of the property, to institute a suit for foreclosure; or

(c) To authorize the mortgage of a railway, canal, or other work in the maintenance of which the public are interested, to institute a suit for foreclosure or sale; or

(d) To authorize a person interested in part only of the mortgage -money to institute a suit relating only to a corresponding part of the mortgaged property, unless the mortgages have, with the consent of the mortgagor, severed their interests under the mortgage.

67A - 4*Mortgagee when bound to bring one suit on several mortgages

A mortgagee who holds two or more mortgages executed by the same mortgagor in respect of each of which he has aright to obtain the same kind of decree under section 67, and who sues to obtain such decree on any one of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all the mortgages in respect of which the mortgage-money has become due.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 31 for "payable".

2. Substituted by Act 20 of 1929, Section 31, for "an order".

3. Substituted by Act 20 of 1929, Section 31, for the original clause.

4. Inserted by Act20 of 1929, Section 32.

-------------------------------------------------------------------------------------------------------------------------------------------------------



(1) The mortgagee has a right to sue for the mortgage- money in the following cases and no others, namely:-

(a) Where the mortgagor binds him self to repay the same;

(b) Where, by any cause other than the wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a reasonable opportunity of providing further security enough to render the whole security sufficient, and the mortgagor has failed to do so;

(c) Where the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of the mortgagor;

(d) Where, the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the mortgagor or any person claiming under a title superior to that of the mortgagor:

Provided that, in the case referred to in clause (a), a transferee from the mortgagor or from his legal representative shall not be liable to be sued for the mortgage-money.

(2) Where a suit is brought under clause (a) or clause (b) of subsection (1), the court may, at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the contrary, until the mortgagee has exhausted all his available remedies against the mortgaged property or what remains of it, unless the mortgagee abandons his security and, if necessary, re-transfers the mortgaged property.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 31 for "payable".

2. Substituted by Act 20 of 1929, Section 31, for "an order".

3. Substituted by Act 20 of 1929, Section 31, for the original clause.

4. Substituted by Act 20 of 1929, Section 33, for the original section.

---------------------------------------------------------------------------------------------------------------------------------------------------------



1 [(1)][2[3[* * *] A mortgage, or any person acting on his behalf, shall, subject to the provisions of this section, have power to sell or concur in selling the mortgaged property or any part thereof, in default of payment of the mortgage-money, without the intervention of the court, in the following cases and in no others, namely:-]

(a) Where the mortgage is an English mortgage, and neither the mortgagor nor the mortgage is a Hindu, Muhammad an or Buddhist 4*[or a member of any other race, sect, tribe or class from time to time specified in this behalf by 5*[the State Government], in the Official Gazette];

(b) Where 6*[a power of sale without the intervention of the court is expressly conferred on the mortgage by the mortgage-deed and] the mortgage is 7*[Government];

(c) where 6*[a power of sale without the intervention of the court is expressly conferred on the mortgage by the mortgage-deed and] the mortgaged property or any part thereof 8*[was, on the date of the execution of the mortgage-deed], situate within the towns of Calcutta, Madras, Bombay, 9 [* *] 10*[or in any other town 11* or area which the State Government may, by notification in the Official Gazette, specify in this behalf].

12*[(2)]13 [* * *] No such power shall be exercised unless and until-

14*[(a)] notice in writing requiring payment of the principal money has been served on the mortgagor, or on one of several mortgagors, and default has been made in payment of the principal money, or of part thereof, for three months after such service; or

15*[(b)] some interest under the mortgage amounting at least to five hundred rupees is in areas and unpaid for three months after becoming due.

16*[(3)] When a sale has been made in professed exercise of such a power, the title of the purchaser shall not be impeachable on the ground that no case had arisen to authorize the sale, or that due notice was not given, or that the power was otherwise improperly or irregularly exercised; but any person damnified by an unauthorized or improper or irregular exercise of the power shall have his remedy in damages against the person exercising the power.

17*[(4)] The money which is received by the mortgage, arising from the sale, after discharge of prior encumbrances, if any, to which the sale is not made subject, or after payment into court under section 57 of a sum to meet any prior encumbrance, shall, in the absence of a contract to the contrary, be held by him in trust to be applied by him, first, in payment of all costs, charges and expenses properly incurred by him as incident to the sale or any attempted sale; and, secondly, in discharge of the mortgage-money and costs and other money, if any, due under the mortgage; and the residue of the money so received shall be paid to the person entitled to the mortgaged property, or authorised to give receipts for the proceeds of the sale thereof.

18*[(5) Nothing in this section or in section 69A applies to powers conferred before the first day of July, 1882.]

19 [* * *]

69A - 20*Appointment of receiver

(1) A mortgage having the right to exercise a power of sale under section 69 shall, subject to the provisions of sub-section (2), be entitled to appoint, by writing signed by him or on his behalf, a receiver of the income of the mortgaged property or any part thereof.

(2) Any person who has been named in the mortgage-deed and is willing and able to act as receiver may be appointed by the mortgage.

If no person has been so named, or if all persons named are unable or unwilling to act, or are dead the mortgage may appoint any person to whose appointment the mortgagor agrees; failing such agreement, the mortgage shall be entitled to apply to the court for the appointment of a receiver, and any person appointed by the Court shall be deemed to have been duly appointed by the mortgage.

A receiver may at any time be removed by writing signed by or on behalf of the mortgage and the mortgagor, or by the court on application made by either party and on due cause shown.
A vacancy in the office of receiver may be filled in accordance with the provisions of this sub-section.

(3) A receiver appointed under the powers conferred by this section shall be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver's acts or defaults, unless the mortgage-deed otherwise provides or unless such acts or defaults are due to the improper intervention of the mortgage.

(4) The receiver shall have power to demand and recover all the income of which he is appointed receiver, by suit, execution or otherwise, in the name either of the mortgagor or of the mortgage to the full extent of the interest which the mortgagor could dispose of, and to give valid receipts accordingly for the same, and to exercise any powers which may have been delegated to him by the mortgage, in accordance with the provisions of this section.

(5) A person paying money to the receiver shall not be concerned to inquire if the appointment of the receiver was valid or not.

(6) The receiver shall be entitled to retain out of any money received by him, for his remuneration, and in satisfaction of all costs, charges and expenses incurred by him as receiver, a commission at such rate not exceeding five per cent, on the gross amount of all money received as is specified in his appointment, and, if no rate is so specified, then at the rate of five per cent. on that gross amount, or at such other rate as the Court thinks fit to allow, on application made by him for that purpose.

(7) The receiver shall, if so directed in writing by the mortgage, insure to the extent, if any, to which the mortgage might have insured, and keep insured against loss or damage by fire, out of the money received by him, the mortgaged property or any part thereof being of an insurable nature.

(8) Subject to the provisions of this Act as to the application of insurance money, the receiver shall apply all money received by him as follows, namely. -

(i) In discharge of all rents, taxes, land revenue., rates and outgoings whatever affecting the mortgaged property;

(ii) In keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the mortgage in right whereof he is receiver;

(iii) In payment of his commission, and of the premiums on fire, life or other insurance's, if any, properly payable under the mortgage-deed or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgage;

(iv) In payment of the interest falling due under the mortgage;

(v) In or towards discharge of the principal money, if so directed in writing by the mortgage,and shall pay the residue, if any, of the money received by him to the person who, but for the possession of the receiver, would have been entitled to receive the income of which he is appointed receiver, or who is otherwise entitled to the mortgaged property.

(9) The provisions of sub-section(1) apply only if and as far as a contrary intention is not expressed in the mortgage-deed; and the provisions of sub-section (3) to (8) inclusive may be varied or extended by the mortgage-deed, and, as so varied or extended, shall, as far as may be, operate in like manner and with all the like incidents, effects and consequences, as if such variations or extensions were contained in the said sub-sections.

(10) Application may be made, without the institution of a suit, to the court for its opinion, advice or direction on any present question respecting the management or administration of the mortgaged property, other than questions of difficulty or importance not proper in the opinion of the court for summary disposal. A copy of such application shall be served upon, and the hearing thereof may be attended by, such of the persons interested in the application as the court may think fit.

The costs of every application under this sub-section shall be in the discretion of the court.

(11) In this section, "the Court" means the court which would have jurisdiction in a suit to enforce the mortgage.]


-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Section 69 was renumbered as sub-section (1) of that section, by Act 20 of 1929, Section 34.

2. Substituted by Act 20 of 1929, Section 34, for certain original words.

3. The words and figures "Notwithstanding anything contained in the Trustees' and Mortgages' Powers Act, 1866" omitted by Act 48 of 1952, Section 3 and Schedule II.

4. Inserted by Act 3 of 1885, Section 5.

5. The words "the L.G., with previous sanction of the G.G. in C" successively amended by the A.O. 1937 and the A.O. 1950 to read as above.

6. Inserted by Act 20 of 1929, Section 34.

7. The words "the Secretary of State for India in Council" successively amended by the A.O. 1937 and the A.O. 1950 to read as above.

8. Substituted by Act 20 of 1929, Section 34, for " is".

9. The word "Karachi " omitted by the A.O.1948.

10. The words "or Rangoon" have been successively amended by Act 6 of 1904, 11 of 1915, 20 of 1929, the A.O.1937 and the A.O 1950 to read as above.

11. For notifications relating to the towns of-Ahmedabad, see Gazette of India, 1935, Pt. I, p.936. Bandra, Kurla and Chatkoper-Kirol, see Gazette of India, 1924, Pt. I, . Cawnpore, Allahabad and Lucknow, see Gazette of India, 1933, Pt. I, p.158. Coimbatore, Madura, Cocanada and Cochin, see Gazette of India, 1935, Pt. I, P. 526. Delhi (cantonment), see Gazette of India, 1963, Pt. II, Section 3, Sub-section (1), p. 1020.

12. Second paragraph numbered as sub-section (2) by Act 20 of 1929, section 34.

13. The word "but" omitted by Act 20 of 1929, Section 34.

14. Clause (1) was lettered (a) by Act 20 of 1929, Section 34.

15. Clause (2) was lettered (b) by Act 20 of 1929, Section 34.

16. Third paragraph numbered as sub-section (3) by Act 20 of 1929 Section 34.

17. Fourth paragraph numbered as sub-section (4) by Act 20 of 1929, Section 34.

18. Substituted by Act 20 of 1929, Section 34, for the original fifth paragraph.

19. Original last paragraph omitted by Act 20 of 1929, Section 34.

20. Substituted by Act 20 of 1929, Section 35.

-------------------------------------------------------------------------------------------------------------------------------------------------------------



If, after the date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to such accession.

Illustrations

(a) A mortgages to B a certain field bordering on a river. The field is increased by alluvion. For the purposes of his security, B is entitled to the increase.

(b) A mortgages a certain plot of building land to B and afterwards erects a house on the plot. For the purposes of his security, B is entitled to the house as well as the plot.



When the mortgaged property is a lease1[ ***] and the mortgagor obtains a renewal of the lease, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to the new lease.

----------------------------------------------------------------------------------------------------------------------------------------------------------

1. The words " for a term of years " omitted by Act 20 of 1929, Section 36.

----------------------------------------------------------------------------------------------------------------------------------------------------------



1 [A mortgagee] may spend such money as is necessary-

2 [* * *]

(b) For 3*[the preservation of the mortgaged property] from destruction, forfeiture or sale;

(c) For supporting the mortgagor's title to the property;

(d) For making his own title thereto good against the mortgagor; and

(e) When the mortgaged property is a renewable lease-hold, for the renewal of the lease;and may, in the absence of a contract to the contrary, add such money to the principal money, at the rate of interest payable on the principal, and, where no such rate is fixed, at the rate of nine per cent per annum:

4*[Provided that the expenditure of money by the mortgagee under clause (b) or clause (c) shall not be deemed to be necessary unless the mortgagor has been called upon and has failed to take proper and timely steps to preserve the property or to support the title.]

Where the property is by its nature insurable, the mortgagee may also, in the absence of a contract to the contrary, insure and keep insured against loss or damage by fire the whole or any part of such property, and the premiums paid for any such insurance shall be 5*[added to the principal money with interest at the same rate as is payable on the principal money or, where no such rate is fixed, at the rate of nine per cent. per annum]. But the amount of such insurance shall not exceed the amount specified in this behalf in the mortgage-deed or (if no such amount is therein specified) two-thirds of the amount that would be required in case of total destruction to reinstate the property insured.

Nothing in this section shall be deemed to authorize the mortgagee to insure when an insurance of the property is kept up by or on behalf of the mortgagor to the amount in which the mortgagee is hereby authorized to insure.

---------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 37, for "When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property, he".

2. Clause (a) omitted by Act 1929, Section 37.

3. Substituted by Act 20 of 1929, Section 37, for "its preservation".

4. Inserted by Act 20 of 1929, Section 37.

5. Substituted by Act 20 of 1929, Section 37, for certain original words.

--------------------------------------------------------------------------------------------------------------------------------------------------------



(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears of revenue or other charges of a public nature or rent due in respect of such on property, and such failure did not arise from any default of the mortgagee, the mortgage shall be entitled to claim payment of the mortgage-money, in whole or in part, out of any surplus of the sale proceeds remaining after payment of the arrears and of all charges and deductions directed by law.

(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894); or any other enactment for the time being in force providing for the compulsory acquisition of immoveable property, the mortgage shall be entitled to claim payment of the mortgage-money, in whole or in part, out of the amount due to the mortgagor as compensation.

(3) Such claims shall prevail against all other claims except those of prior encumbrancers, and may been forced notwithstanding that the principal money on the mortgage has not become due.]

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 38, for the original section.

---------------------------------------------------------------------------------------------------------------------------------------------------------



[Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929), section 39.]



[Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929), Section 39)]



When, during the continuance of the mortgage, takes possession on of the mortgaged property,-

(a) He must manage the property as a person of ordinary prudence would manage it if it were his own;

(b) He must use his best endeavours to collect the rents and profits thereof;

(c) He must, in the absence of a contract to the contrary, out of the income of the property, pay the Government revenue, all other charges of a public nature 1 [and all rent] accruing due in respect thereof during such possession, and any arrears of rent in default of payment of which the property may be summarily sold;

(d) He must in the absence of a contract to the contrary, make such necessary repairs of the property as he can pay for out of the rents and profits thereof after deducting from such rents and profits the payments mentioned in clause (c) and the interest on the principal money;

(e) He must not commit any act which is destructive or permanently injurious to the property;

(f) Where he has insured the whole or any part of the property against loss or damage by fire, he must, in case of such loss or damage, apply any money which he actually receives under the policy or so much thereof as may be necessary, in reinstating the property, or, if the mortgagor so directs, in reduction or discharge of the mortgage money;

(g) He must keep clear, full and accurate accounts of all sums received and spent by him as mortgagee, and, at any time during the continuance of the mortgage, give the mortgagor, at his request and cost, true copies of such accounts and of the vouchers by which they are supported;

(h) His receipts from the mortgaged property, or, where such property is personally occupied by him, a fair occupation-rent in respect thereof, shall, after deducting the expenses 1*[properly incurred for the management of the property and the collection of rents and profits and the other expenses] mentioned in clauses (c) and (d), and interest thereon, be debited against him in reduction of the amount (if any) from time to time due to him on account of interest 2 [* * *] and, so far as such receipts exceed any interest due, in reduction or discharge of the mortgage-money; the surplus, if any, shall be paid to the mortgagor;

(i) When the mortgagor tenders, or deposits in manner hereinafter provided, the amount for the time being due on the mortgage, the mortgagee must, notwithstanding the provisions in the other clauses of this section, account for his 3[* * *] receipts from the mortgaged property from the date of the tender or from the earliest time when he could take such amount out of court, as the case may be 1*[and shall not be entitled to deduct any amount therefrom on account of any expenses incurred after such date or time in connection with the mortgaged property].

Loss occasioned by his default.-If the mortgagee fails to perform any of the duties imposed upon him by this section, he may, when accounts are taken in pursuance of a decree made under this Chapter, be debited with the loss, if any, occasioned by such failure.

--------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act 20 of 1929, Section 40.

2. The words " on the mortgage-money" omitted by Act 20 of 1929, Section 40.

3. The word "gross" omitted by Act 20 of 1929, Section 40.

--------------------------------------------------------------------------------------------------------------------------------------------------------



Nothing in section 76, clauses (b), (d), (g) and (h), applies to cases where there is a contract between the mortgagee and the mortgagor that the receipts from the mortgaged property shall, so long as the mortgagee is in possession of the property, be taken in lieu of interest on the principal money, or in lieu of such interest and defined portions of the principal.



Where, through the fraud, misrepresentation or gross neglect of a prior mortgagee, another person has been induced to advance money on the security of the mortgaged property, the prior mortgagee shall be postponed to the subsequent mortgagee.



If a mortgage made to secure future advances, the performance of an engagement or the balance of a running account, expresses the maximum to be secured thereby, a subsequent mortgage of the same property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage in respect of all advances or debits not exceeding the maximum, though made or allowed with notice of the subsequent mortgage.

Illustration

A mortgages Sultanpur to his bankers, B & Co., to secure the balance of his account with them to the extent of Rs. 10,000. A then mortgages Sultanpur to C, to secure Rs. 10,000, C having notice of the mortgage to B & Co., and C gives notice to B & Co. of the second mortgage. At the date of the second mortgage, the balance due to B & Co. does not exceed Rs. 5,000.B & Co. subsequently advance to A sums making the balance of the account against him exceed the sum of Rs. 10,000. B & Co. are entitled, to the extent of Rs. 10,000, to priority over C.



[Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929), Section 41.]



If the owner of two or more properties mortgages them to one person and then mortgages one or more of the properties to another person, the subsequent mortgagee is, in the absence of a contract to the contrary, entitled to have the prior mortgage-debt satisfied out of the property or properties not mortgaged to him, so far as the same will extend, but not so as to prejudice the rights of the prior mortgagee or of any other person who has for consideration acquired an interest in any of the properties.]

----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 42, for the original section.

----------------------------------------------------------------------------------------------------------------------------------------------------------



1*[Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage, and, for the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be its value at the date of the mortgage after deduction of the amount of any other mortgage or charge to which it may have been subject on that date.]

Where, of two properties belonging to the same owner, one is mortgaged to secure one debt and then both are mortgaged to secure another debt, and the former debt is paid out of the former property, each property is, in the absence of a contract to the contrary, liable to contribute rateably to the latter debt after deducting the amount of the former debt from the value of the property out of which it has been paid.

Nothing in this section applies to a property liable under section 81 to the claim of the 2 [subsequent]mortgagee.

-------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 43, for the original paragraph.

2. Substituted by Act 20 of 1929, Section 43, for "second".

-------------------------------------------------------------------------------------------------------------------------------------------------------------



At any time after the principal money 1*[payable in respect of any mortgage has become due] and before a suit for redemption of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any court in which he might have instituted such suit, to the account of the mortgagee, the amount remaining due on the mortgage.

Right to money deposited by mortgagor. -

The court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may, on presenting a petition (verified in manner prescribed by law 2* for the verification of plaints) stating the amount then due on the mortgage, and his willingness to accept the money so deposited in full discharge of such amount, and on depositing in the same court the mortgage-deed 3*[and all documents in his possession or power relating to the mortgaged property], apply for and receive the money, and the mortgage-deed 4*[and all such other documents] so deposited shall be delivered to the mortgagor or such other person as aforesaid.

4*[Where the mortgagee is in possession of the mortgaged property, the court shall, before paying to him the amount so deposited, direct him to deliver possession thereof to the mortgagor and at the cost of the mortgagor either to re-transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been effected by a registered instrument) have registered an acknowledgment in writing that any right in derogation of the mortgagor's interest transferred to the mortgagee has been extinguished.]

------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 44, for "has become payable".

2. See the Code of Civil Procedure, 1908 Act (5 of 1908), Schedule I, Order VI, rule 15.

3. Substituted by Act 20 of 1929, Section 44, for "if then in his possession or power".

4. Inserted by Act 20 of 1929, Section 44.

-----------------------------------------------------------------------------------------------------------------------------------------------------------



When the mortgagor or such other person as aforesaid has tendered or deposited in court under section 83 the amount remaining due on the mortgage, interest on the principal money shall cease from the date of the tender or 1*[in the case of a deposit, where no previous tender of such amount has been made] as soon as the mortgagor or such other person as aforesaid has done all that has to be done by him to enable the mortgagee to take such amount out of court, 2*[and the notice required by section 83 has been served on the mortgagee:

Provided that, where the mortgagor has deposited such amount without having made a previous tender thereof and has subsequently withdrawn the same or any part thereof, interest on the principal money shall be payable from the date of such withdrawal.]

Nothing in this section or in section 83 shall be deemed to deprive the mortgagee of his right to interest when there exists a contract that he shall be entitled to reasonable notice before payment or tender of the mortgage-money 3*[and such notice has not been given before the making of the tender or deposit, as the case may be].

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act20 of 1929, Section 45.

2. Substituted by Act 20 of 1929, Section 45, for "as the case may be".

3. Added by Act 20of 1929, Section 45.

------------------------------------------------------------------------------------------------------------------------------------------------------------



 
1***

------------------------------------------------------------------------------------------------------------------------------------------------------------

1. For the repealed provisions, as re-enacted, see the Code of Civil Procedure, 1908 Act (5 of 1908), Schedule I, Order XXXIV.

------------------------------------------------------------------------------------------------------------------------------------------------------------



[Rep. by the Code of Civil Procedure, 1908 (5 of 1908), Section 156 and Schedule V.]



[Rep. by the Code of Civil Procedure,1908 (5 of 1908), Section 156 and Schedule V.]



Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property, namely:-

(a) Any person (other than the mortgage of the interest sought to be redeemed) who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same;

(b) Any surety for the payment of the mortgage-debt or any part thereof; or

(c) Any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property.]

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1 . Substituted by Act 20 of 1929 Section 46,for the original section.

-----------------------------------------------------------------------------------------------------------------------------------------------------------



Any of the persons referred to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sale of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee.

The right conferred by this section is called the right of subrogation, and a person acquiring the same is said to be subrogated to the rights of the mortgagee whose mortgage he redeems.

A person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, if the mortgagor has by a registered instrument agreed that such persons shall be so sub rogated.

Nothing in this section shall be deemed to confer a right of subrogation on any person unless the mortgage in respect of which the right is claimed has been redeemed in full.

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act20 of 1929, Section 47, Original sections 92 to 94 were rep. by Act 5 of 1908,Section 156 and Schedule V.

-----------------------------------------------------------------------------------------------------------------------------------------------------------



No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his original security; and, except in the case provided for by section 79, no mortgagee making a subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance.



Where a property is mortgaged for successive to successive mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as he has against the mortgagor.



Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92 against his co-mortgagors, be entitled to add to the mortgage money recoverable from them such proportion of the expenses properly incurred in such redemption as is attributable to their share in the property.]

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 48, for the original Section 95. Original section 96 was rep. by Act 5 of 1908, Section 156 and Schedule V.

-----------------------------------------------------------------------------------------------------------------------------------------------------------



The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds.]



[Rep. by the Code of Civil Procedure, 1908 (5 of 1908), Section 156 and Schedule V.]

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. For the repealed provisions as re-enacted, see the Code of Civil Procedure, 1908 (5 of 1908),Schedule I, Order XXXIV, rules 12 and 13.

-----------------------------------------------------------------------------------------------------------------------------------------------------------



In the case of1*[an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage.

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 49, for "a mortgage, not being a simple mortgage, a mortgage by conditional sale, an us ufructuary mortgage or an English mortgage or a combination of the first and third, or the second and third, of such forms".

-----------------------------------------------------------------------------------------------------------------------------------------------------------



[Rep. by the Code of Civil Procedure, 1908 (5 of 1908), Section 156 and Schedule V].

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. For the repealed provisions as re-enacted, see the Code of Civil Procedure, 1908 (5 of 1908),Schedule I, Order XXXIV, rule 14.

-----------------------------------------------------------------------------------------------------------------------------------------------------------



Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained1*[which apply to a simple mortgage shall, so far as may be, apply to such charge].
Nothing in this section applies to the charge of a trustee on the trust-property for expenses properly insured in the execution of his trust,2*[and, save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge].

-------------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 50, for "as to a mortgagor shall, so far as may be, apply to the owner of such property, and the provisions of sections 81 and 82 shall, so far as may be, apply to the person having such charge".

2. Added by Act 20 of 1929, Section 50.

-----------------------------------------------------------------------------------------------------------------------------------------------------------



Any mortgagee of, or person having a charge upon, moveable property, or any transferee from such mortgagee holder-holder, may purchase or otherwise acquire the rights in the property of the mortgagor or owner, as the case may be, without thereby causing the mortgage or charge to be merged as between himself and any subsequent mortgagee of, or person having a subsequent charge upon, the same property; and no such subsequent mortgagee or charge-holder shall be entitled to foreclose or sell such property without redeeming the prior mortgage or charge, or otherwise than subject thereto.]

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 51, for the original section.

-----------------------------------------------------------------------------------------------------------------------------------------------------------



Where the person on or to whom any notice or tender is to be served or made under this Chapter does not reside in the district in which the mortgaged property or some part thereof is situate, service or tender on or to an agent holding a general power-of-attorney from such person or otherwise duly authorized to accept such service or tender shall be deemed sufficient.

1*[Where no person or agent on whom such notice should be served can be found or is known] to the person required to serve the notice, the latter person may apply to any court in which a suit might be brought for redemption of the mortgaged property, and such court shall direct in what manner such notice shall be served, and any notice served in compliance with such direction shall be deemed sufficient:

2*[Provided that, in the case of a notice required by section 83, in the case of a deposit, the application shall be made to the court in which the deposit has been made.]

3*[Where no person or agent to whom such tender should be made can be found or is known] to the person desiring to make the tender, the latter person may deposit 4*[in any court in which a suit might be brought for redemption of the mortgaged property] the amount sought to be tendered, and such deposit shall have the effect of a tender of such amount.

-----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Substituted by Act 20 of 1929, Section 52, for "where the person or agent on whom such notice should be served cannot be found in the said district, or is unknown".

2. Inserted by Act 20 of 1929, Section 52.

3. Substituted by Act 20 of 1929, Section 52, for "Where the person or agent to whom such tender should be made cannot be found within the said district or is unknown".

4. Substituted by Act 20 of 1929, Section 52, for "in such Court as last aforesaid"

---------------------------------------------------------------------------------------------------------------------------------------------------------
-


Where, under the provisions of this Chapter, a notice is to be served on or by, or a tender or deposit made or accepted or taken out of court by, any person incompetent to contact, such notice may be served 1*[on or by] or tender or deposit made, accepted or taken, by the legal curator of the property of such person; but where there is no such curator, and it is requisite or desirable in the interest of such person that a notice should be served or a tender or deposit made under the provisions of this Chapter, application may be made to any court in which a suit might be brought for the redemption of the mortgage to appoint a guardian ad item for the purpose of serving or receiving service of such notice, or making or accepting such tender, or making or taking out of court such deposit, and for the performance of all consequential acts which could or ought to be done by such person if he were competent to contract; 2*and the provisions of 3*[order XXXII in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)] shall, so far as may be, apply to such application and to the parties thereto and to the guardian appointed thereunder.

----------------------------------------------------------------------------------------------------------------------------------------------------------

1. Inserted by Act20 of 1929, Section 53.

2. As to persons competent to contract, see sections 11 and 12 of the Indian contract Act, 1872(9 of 1872).

3. Substituted by Act 20 of 1929, Section 53, for "Chapter XXXI of the Code of Civil Procedure".

----------------------------------------------------------------------------------------------------------------------------------------------------------


 
The High Court may, from time to time, make rules consistent with this Act for carrying out, in itself and in the Courts of Civil Judicature subject to its superintendence, the provisions contained in this Chapter.

Last updated on June, 2016

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female