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Section83
The Transfer of Property Act, 1882

Power to deposit in Court money due on mortgage

In force From 01 Jul 1882 Act 4 of 1882 As on 16 Oct 2026

Act 4 of 1882 Ministry Law and Justice Enacted 17 Feb 1882 In force 01 Jul 1882 Cited by 14 provisions

Section 83 of the Transfer of Property Act, 1882 deals with power to deposit in Court money due on mortgage. At any time after the principal money [payable in respect of any mortgage has become due] and before a suit for redemption of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any Court in which he might have instituted such suit, t The Act came into force on 01 Jul 1882.

At any time after the principal money 1[payable in respect of any mortgage has become due] and before a suit for redemption of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any Court in which he might have instituted such suit, to the account of the mortgagee, the amount remaining due on the mortgage.

Right to money deposited by mortgagor.-- The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgage e may, on presenting a petition (verified in manner prescribed by 2law for the verification of plaints) stating the amount then due on the mortgage, and his willingness to accept the money so deposited in full discharge of such amount, and-on depositing in the same Court the mortgage-deed 3[and all documents in his possession or power relating to the mortgaged property], apply for and receive the money, and the mortgage-deed, 4[and all such other documents], so deposited hail be delivered to the mortgagor or such other person as aforesaid.

4[Where the mortgagee is in possession of the mortgaged. property, the Court shall, before paying to him the amount so deposited direct him to deliver possession thereof to the mortgagor and at the cost of the mortgagor either to re-transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been effected by a registered instrument) have registered an acknowledgment in writing that any right in derogation of the mortgagor's interest transferred to the mortgagee has been extinguished.]

Section 83, 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 14

  1. Assam Co-operative Societies Act s. 28 Right of a registered society to pay prior debts of a mortgagor
  2. Haryana Co-operative Societies Act, 1984 (22 of 1984) s. 60 Prior debts of member
  3. Himachal Pradesh Co-operative Agriculture and Rural Development Banks Act s. 42 Right of '[Agriculture and Rural Development Bank] to pay prior debts of the mortgagor
  4. Karnataka Co-operative Societies Act s. 86
  5. Kerala Co-operative Land Mortgage Banks Act, 1960 (President's Act No.1 of 1960) s. 44 Repeals
  6. Kerala State Co-operative Agricultural Development Banks Act, 1984 (Act 20 of 1984) s. 34 Right of Agricultural Development Bank to pay prior debts
  7. Nagaland Co-operative Societies Act s. 127
  8. Puducherry Co-operative Societies Act s. 97 Right of Land Development Bank to pay prior debts of mortgagor
  9. Tamil Nadu Co-operative Land Development Banks Act s. 38
  10. s. 84 Cessation of interest
  11. s. 102 Service or tender on or to agent
  12. West Bengal Co-operative Societies Act s. 94

and 2 more

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Bishwanath Prasad Singh vs Rajendra Prasad

    Supreme Court of India 24 Feb 2006 Binding (SC)

    Court's Decision & Legal Precedent

    Where a sale of property is effected by one document and is followed by a separate agreement for reconveyance, the transaction constitutes a sale followed by an option contract rather than a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act. Consequently, the right to exercise the option to repurchase must be exercised within the applicable period of limitation. Furthermore, a deposit proceeding under Section 83 of the Transfer of Property Act is ministerial in nature and does not constitute a 'hearing and finally decided' adjudication on the merits of whether a mortgage exists, and therefore cannot operate as res judicata to estop the respondent from denying the existence of a mortgage.

    On this section: Analyzed the mortgagor's right to deposit money in court when the mortgagee refuses to comply with obligations. The court determined that Section 83 proceedings are ministerial and do not constitute an adjudication on the existence of a mortgage.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 83

What have the courts held on Section 83 of the Transfer of Property Act?

Bishwanath Prasad Singh vs Rajendra Prasad (24 Feb 2006) is the leading judgment on this section among those set out below: Analyzed the mortgagor's right to deposit money in court when the mortgagee refuses to comply with obligations. The court determined that Section 83 proceedings are ministerial and do not constitute an adjudication on the existence of a mortgage.

How do I find court cases under Section 83 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 83, section 83 TP Act, section 83 of the Transfer of Property Act. People searching for it also type 83 tpa and 83a tpa 2015. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bishwanath Prasad Singh vs Rajendra Prasad (24 Feb 2006).

What should I read with Section 83 of the Transfer of Property Act, and has it changed?

14 other provisions in this corpus refer back to it.

When did Section 83 of the Transfer of Property Act come into force?

Section 83 of the Transfer of Property Act, cited as TP Act 83, 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

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.