CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES · Rights and liabilities of Mortgagee

Section 70: 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 contrary, 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.

Questions on this section

1 question in 3 of our papers cite Section 70. Try these from the free papers:

1. A mortgages a vacant building plot to B and afterwards builds a house on the plot. There is no contract to the contrary. Under Section 70 of the Transfer of Property Act, 1882:

Practise questions on Transfer of Property Act