Postponement of prior mortgagee
Section 78 of the Transfer of Property Act, 1882 deals with postponement of prior mortgagee. 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. The Act came into force on 01 Jul 1882.
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.
Section 78, The Transfer of Property Act, 1882 (Act 4 of 1882).
Questions about Section 78
What does Section 78 of the Transfer of Property Act deal with?
Section 78 of the Transfer of Property Act is headed "Postponement of prior mortgagee". 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.
How do I find court cases under Section 78 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 78, section 78 TP Act, section 78 of the Transfer of Property Act. People searching for it also type tampa 78. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 78 of the Transfer of Property Act come into force?
Section 78 of the Transfer of Property Act, cited as TP Act 78, 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.