TPA Section 78: Postponement of prior mortgagee
Transfer of Property Act, 1882 · Chapter 4: Mortgages of immovable property and charges
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78. Postponement of prior mortgagee.—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.
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.
Other sections in this chapter
- 58. "Mortgage", "mortgagor", "mortgagee", "mortgage-money" and "mortgaged" defined
- 59. Mortgage when to be by assurance
- 59A. References to mortgagors and mortgagees to include persons deriving title from them
- 60. Right of mortgagor to redeem
- 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
- 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
- 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. Right of subsequent mortgagee to pay off prior mortgagee
- 75. Rights of mesne mortgagee against prior and subsequent mortgagees
- 76. Liabilities of mortgagee in possession
- 77. Receipts in lieu of interest
- 79. Mortgage to secure uncertain amount when maximum is expressed
- 80. Tacking abolished
- 81. Marshalling securities
- 82. Contribution to mortgage-debt
- 83. Power to deposit in court money due on mortgage
- 84. Cessation of interest
- 85. Parties to suits for foreclosure, sale and redemption
- 86. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
- 87. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
- 88. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
- 89. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
- 90. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.]
- 91. Persons 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. Application of proceeds
- 98. Rights and liabilities of parties to anomalous mortgage
- 99. Attachment of mortgaged property
- 100. Charges
- 101. No merger in case of subsequent encumbrance
- 102. Service or tender on or to agent
- 103. Notice, etc., to or by person incompetent to contract
- 104. Power to make rules