Section 82: Contribution to mortgage-debt

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882

Legal Commentary & Landmark Judgments: Section 82

Section 82 codifies the doctrine of contribution to mortgage-debt, establishing that where property subject to a mortgage belongs to two or more persons having distinct shares, each share is liable to contribute rateably to the debt in proportion to its value.

  • Rateable Contribution: Where property subject to a mortgage belongs to two or more persons having distinct shares in different rights, the different shares are, in the absence of a contract to the contrary, liable to contribute rateably to the debt secured by the mortgage.
  • Valuation Benchmark: The value of each property is estimated by deducting the amount of any prior encumbrance to which it alone had been subject.
  • Marshalling Supersedes Contribution: Section 82 explicitly yields to Section 81 marshalling; marshalling precedes rateable contribution.
  • Remedy for Overpaying Co-Mortgagor: A co-mortgagor who pays more than their proportionate share acquires a statutory right to recover contribution from other co-owners.
Key Landmark Precedents:
  • Ganeshi Lal v. Joti Pershad, AIR 1953 SC 1: The Supreme Court authoritatively settled that under Section 82, co-mortgagors must contribute rateably to the mortgage debt in proportion to the value of their shares at the date of the mortgage.
  • J.P. Builders v. A. Ramadas Rao, (2011) 1 SCC 429: Affirmed that contribution under Section 82 creates a charge on the non-contributing co-owner's share in favor of the redeeming co-mortgagor.
Courtroom Practice & Strategic Litigation Guidance:

If you pay off a joint mortgage to save ancestral land from auction, file a civil suit under Section 82 read with Section 95 claiming rateable contribution and a formal statutory charge over your co-heir's share.