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CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES · Redemption

Section 93: Prohibition of tacking

The Transfer of Property Act, 1882

No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his original security; and, except in the case provided for by section 79, no mortgagee making a subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance.

Practise questions on Transfer of Property Act