A mortgage secures principal of Rs. 100 or more and is not a mortgage by deposit of title deeds. Which…
Section 59 requires a registered instrument signed by the mortgagor and attested by at least two witnesses for this mortgage. A mortgage by deposit of title deeds is…
Choose your answer
A mortgage secures principal of Rs. 100 or more and is not a mortgage by deposit of title deeds. Which formalities does section 59 of the Transfer of Property Act, 1882 require?
Answer and explanation
Correct answer D
Section 59 requires a registered instrument signed by the mortgagor and attested by at least two witnesses for this mortgage.
A mortgage by deposit of title deeds is expressly excepted from this requirement.
Option feedback
Option A
The mortgagor is the required signatory.
Option B
One attesting witness is insufficient. Section 59 requires at least two.
Option C
Section 59 requires a registered instrument for this mortgage.
Option D
The instrument must be registered, signed by the mortgagor and attested by at least two witnesses.
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