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  • section 59-mortgage-when-to-be-by-assurance-66829fa828263b967f0912ef
Section 58Section 59A
Section 59

Mortgage When to Be by Assurance.

The Transfer of Property Act, 1882
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Where the principal money secured is one hundred rupees or upwards, a mortgage 1[other than a mortgage by deposit of title-deeds], can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses.

Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by 2[a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property.

3* * * *




1. Ins. by Act 20 of 1929, s. 20.

2. Subs. by Act 6 of 1904, s. 3, for "an instrument".

3. Third paragraph omitted by Act 20 of 1929, s. 20.




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