VidhiSangh

Transfer of Property Act, 1882

Section 59: Mortgage when to be by assurance

Chapter IV — Of Mortgages of Immoveable Property and Charges

59. Where the principal money secured is one hundred rupees or upwards, a mortgage 5 [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 6 [a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property.

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Source: official text of the Transfer of Property Act, 1882.