Mortgage when to be by assurance
Section 59 of the Transfer of Property Act, 1882 deals with mortgage when to be by assurance. Where the principal money secured is one hundred rupees or upwards, a mortgage [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. The Act came into force on 01 Jul 1882.
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.
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Section 59, The Transfer of Property Act, 1882 (Act 4 of 1882).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… (4 of 1882), shall take effect against any -5- -6- mortgage deed subsequently executed and registered which relates to the same property." When title-deeds are deposited with an intent to create a security, the law implies the creation of a mortgage and no registered instrument, as provided under Section 59 of the TP Act, or even a written instrument is required. 7. Joseph v. Micheal - 2000 (1) KLT 857 examined the necessity for registration of a memorandum of deposit of title-deeds and held so in paragraph 4: > "4. Mortgage by deposit of title deeds is created under S. 58(f) of the Transfer of Property Act. …
Questions about Section 59
What does Section 59 of the Transfer of Property Act deal with?
Section 59 of the Transfer of Property Act is headed "Mortgage when to be by assurance". Where the principal money secured is one hundred rupees or upwards, a mortgage [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.
How do I find court cases under Section 59 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 59, section 59 TP Act, section 59 of the Transfer of Property Act. People searching for it also type 59 tpa. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 59 of the Transfer of Property Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 59 of the Transfer of Property Act come into force?
Section 59 of the Transfer of Property Act, cited as TP Act 59, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.