Accession to mortgaged property
Section 70 of the Transfer of Property Act, 1882 deals with accession to mortgaged property. 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 co ntrary, shall, for the purposes of the security, be entitled to such accession. The Act came into force on 01 Jul 1882.
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 co ntrary, 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.
Section 70, The Transfer of Property Act, 1882 (Act 4 of 1882).
Questions about Section 70
What does Section 70 of the Transfer of Property Act deal with?
Section 70 of the Transfer of Property Act is headed "Accession to mortgaged property". 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 co ntrary, shall, for the purposes of the security, be entitled to such accession.
How do I find court cases under Section 70 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 70, section 70 TP Act, section 70 of the Transfer of Property Act. People searching for it also type 70 tpa and tampa 70s bar. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 70 of the Transfer of Property Act come into force?
Section 70 of the Transfer of Property Act, cited as TP Act 70, 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.