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CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES · Priority

Section 78: Postponement of prior mortgagee

The Transfer of Property Act, 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.

Questions on this section

1 question in 5 of our papers cite Section 78.

Practise questions on Transfer of Property Act