TPA Section 73: Right to proceeds of revenue sale or compensation on acquisition

Transfer of Property Act, 1882 · Chapter 4: Mortgages of immovable property and charges

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[73. Right to proceeds of revenue sale or compensation on acquisition .—(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 property, and such failure did not arise from any default of the mortgage e, the mortgagee 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 mortgagee 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 encumbran ces, and may be enforced notwithstanding that the principal money on the mortgage has not become due.]

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

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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