Waste by mortgagor in possession
Section 66 of the Transfer of Property Act, 1882 deals with waste by mortgagor in possession. A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; The Act came into force on 01 Jul 1882.
A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will be rendered insufficient by such act.
Explanation.-- A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one-third, or, if consisting of buildings, exceeds by one-half, the amount for the time being due on the mortgage.
Section 66, 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.
Referred to by 1
Questions about Section 66
What does Section 66 of the Transfer of Property Act deal with?
Section 66 of the Transfer of Property Act is headed "Waste by mortgagor in possession". A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate;
How do I find court cases under Section 66 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 66, section 66 TP Act, section 66 of the Transfer of Property Act. People searching for it also type tpa 66 mic. 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 66 of the Transfer of Property Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 66 of the Transfer of Property Act come into force?
Section 66 of the Transfer of Property Act, cited as TP Act 66, 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 16 Oct 2026. This page is not a substitute for legal advice.