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TPA Chapter 4: Mortgages of immovable property and charges

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Plain-language guide

What this part covers

A mortgage transfers an interest in specific immovable property to secure an obligation; it is not simply another name for a sale.

Key provisions

  1. Section 58. "Mortgage", "mortgagor", "mortgagee", "mortgage-money" and "mortgaged" defined
  2. Section 59. Mortgage when to be by assurance
  3. Section 59A. References to mortgagors and mortgagees to include persons deriving title from them
  4. Section 60. Right of mortgagor to redeem
  5. Section 60A. Obligation to transfer to third party instead of re-transference to mortgagor
  6. Section 60B. Right to inspection and production of documents
  7. Section 61. Right to redeem separately or simultaneously
  8. Section 62. Right of usufructuary mortgagor to recover possession
  9. Section 63. Accession to mortgaged property
  10. Section 63A. Improvements to mortgaged property
  11. Section 64. Renewal of mortgaged lease
  12. Section 65. Implied contracts by mortgagor
  13. Section 65A. Mortgagor's power to lease
  14. Section 66. Waste by mortgagor in possession
  15. Section 67. Right to foreclosure or sale
  16. Section 67A. Mortgagee when bound to bring one suit on several mortgages
  17. Section 68. Right to sue for mortgage-money
  18. Section 69. Power of sale when valid
  19. Section 69A. Appointment of receiver
  20. Section 70. Accession to mortgaged property
  21. Section 71. Renewal of mortgaged lease
  22. Section 72. Rights of mortgagee, in possession
  23. Section 73. Right to proceeds of revenue sale or compensation on acquisition
  24. Section 74. Right of subsequent mortgagee to pay off prior mortgagee
  25. Section 75. Rights of mesne mortgagee against prior and subsequent mortgagees
  26. Section 76. Liabilities of mortgagee in possession
  27. Section 77. Receipts in lieu of interest
  28. Section 78. Postponement of prior mortgagee
  29. Section 79. Mortgage to secure uncertain amount when maximum is expressed
  30. Section 80. Tacking abolished
  31. Section 81. Marshalling securities
  32. Section 82. Contribution to mortgage-debt
  33. Section 83. Power to deposit in court money due on mortgage
  34. Section 84. Cessation of interest
  35. Section 85. Parties to suits for foreclosure, sale and redemption
  36. Section 86. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
  37. Section 87. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
  38. Section 88. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
  39. Section 89. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
  40. Section 90. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
  41. Section 91. Persons who may sue for redemption
  42. Section 92. Subrogation
  43. Section 93. Prohibition of tacking
  44. Section 94. Rights of mesne mortgagee
  45. Section 95. Right of redeeming co-mortgagor to expenses
  46. Section 96. Mortgage by deposit of title-deeds
  47. Section 97. Application of proceeds
  48. Section 98. Rights and liabilities of parties to anomalous mortgage
  49. Section 99. Attachment of mortgaged property
  50. Section 100. Charges
  51. Section 101. No merger in case of subsequent encumbrance
  52. Section 102. Service or tender on or to agent
  53. Section 103. Notice, etc., to or by person incompetent to contract
  54. Section 104. Power to make rules

Study check

Chapter 4: study check

Choose an answer, then check it. Scoring stays in your browser and every explanation links to the statutory text.

  1. 1.What distinguishes a mortgage's purpose?
  2. 2.May marshalling prejudice the prior mortgagee?

Official reference: Government of India reference, hosted by Andhra Pradesh High Court — checked: 30 September 2026.Central reference text reproduced from the linked government PDF, with footnotes and separately labelled state amendments left in the original. It includes the 2001/2003 changes and the 2019 territorial-extension note. The checking date is not a certification that every state rule is current. Consult the original schedule, territorial notifications and applicable state law separately.Read the original schedule and amendment notes