Section 70

Accession to mortgaged property.

The Transfer of Property Act, 1882

  • Act 4 of 1882
  • Ministry of Law and Justice
  • Legislative Department
About this Act

An Act to amend the law relating to the Transfer of Property by act of Parties.

All sections
    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 co ntrary, 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.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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