Section 78: Postponement of prior mortgagee

The Transfer of Property Act, 1882

Chapter-IV Of Mortgages of Immovable Property and Charges


Section 78: Postponement of prior mortgagee.

78. 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.


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