Mera Samvidhaan All of Transfer of Property Act, 1882

Chapter IV · Of Mortgages of Immoveable Property and Charges

1016[No merger in case of subsequent encumbrance.

Section 101 · Chapter IV · Charges · pages 36–37 of the Act

Any mortgagee of, or person having a charge upon, immoveable property, or any transferee from such mortgagee or charge-holder, may purchase or otherwise acquire the rights in the property of the mortgagor or owner, as the case may be, without thereby causing the mortgage or charge to be merged as between himself and any subsequent mortgagee of, or person having a subsequent charge upon, the same property; and no such subsequent mortgagee or charge-holder shall be entitled to for close or sell such property without redeeming the prior mortgage or charge, or otherwise than subject thereto.]

Note: on page 36 the markers 4, 5 and 6 answer to footnotes 5, 6 and 7 (the page prints no footnote 4); the marker 6 is shown with footnote 7.

Subs. by Act 20 of 1929, s. 51, for s. 101.

Section 101 of The Transfer of Property Act, 1882 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.