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Section 74: Right of subsequent mortgagee to pay off prior mortgagee [Repealed]

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 73 All 137 Sections of Transfer of Property Act Section 75

Legal Commentary & Landmark Judgments: Section 74

Section 74 historically regulated the right of a subsequent mortgagee to pay off a prior mortgagee and step into his shoes (now consolidated into Section 92 subrogation).

  • Subsequent Mortgagee Protection: Governed the right of a junior mortgagee to redeem the senior mortgage and acquire all rights and remedies of the senior mortgagee.
  • Precursor to Modern Subrogation: Laid the procedural foundation for statutory subrogation codified under Section 92.
Key Landmark Precedents:
  • Ganeshi Lal v. Joti Pershad, AIR 1953 SC 1: The Supreme Court analyzed historical subrogation principles, holding that equity allows subsequent encumbrancers to discharge prior debts to protect their collateral.
  • Prithi Nath Singh v. Suraj Ahir, AIR 1963 SC 1041: Referenced the legislative transition of junior mortgagee priority rules.
Courtroom Practice & Strategic Litigation Guidance:

For subrogation and priority among successive mortgagees, invoke Section 92, which now exhaustively governs legal and conventional subrogation.

Section 73 All 137 Sections of Transfer of Property Act Section 75