VidhiSangh

Transfer of Property Act, 1882

Section 78: Postponement of prior mortgagee

Chapter IV — Of Mortgages of Immoveable Property and Charges

78. 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.

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