# The Transfer of Property Act, 1882, Section 59: Mortgage when to be by assurance

- Act: The Transfer of Property Act, 1882 (Act 4 of 1882)
- In force from: 1882-07-01
- Ministry: Ministry of Law and Justice
- Source URL: https://indiacode.ecourtsindia.com/tp-act/section/59/

## Text

Where the principal money secured is one hundred rupees or upwards, a mortgage 1[other than a mortgage by deposit of title-deeds], can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by 2[a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property. 3* * * *

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