Section 70 of Transfer of Property Act, 1882: Accession to mortgaged property

The Transfer of Property Act, 1882 Chapter-IV Of Mortgages of Immovable Property and Charges Rights and liabilities […]

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The Transfer of Property Act, 1882

Chapter-IV Of Mortgages of Immovable Property and Charges

Rights and liabilities of Mortgagee

Section 70: Accession to mortgaged property.

70. 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.


 



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