Section 59: Mortgage when to be by assurance.

The Transfer of Property Act, 1882Central Act · Act 4 of 1882

Where the principal money secured is one hundred rupees or upwards, a mortgage [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 [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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Where this provision sits

Act	The Transfer of Property Act, 1882
Section	59
Marginal note	Mortgage when to be by assurance.
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

inserted, Act 20 of 1929. . Ins. by Act 20 of 1929, s. 20.
substituted, Act 6 of 1904. . Subs. by Act 6 of 1904, s. 3, for "an instrument".
omitted, Act 20 of 1929. . Third paragraph omitted by Act 20 of 1929, s. 20.

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