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A mortgage secures principal of Rs. 100 or more and is outside the title-deed deposit exception. Which…

Section 59 requires a registered instrument signed by the mortgagor and attested by at least two witnesses for this mortgage. The statute excepts a mortgage by deposit of…

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A mortgage secures principal of Rs. 100 or more and is outside the title-deed deposit exception. Which formalities does section 59 of the Transfer of Property Act, 1882 require?

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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. The statute excepts a mortgage by deposit of title deeds from this requirement.

Option feedback

Option A

The mortgagor’s signature is required. The mortgagee’s signature cannot substitute for it.

Option B

One attesting witness falls short of the statutory minimum of two.

Option C

Section 59 requires a registered instrument for the mortgage described.

Option D

Section 59 requires a registered instrument signed by the mortgagor and attested by at least two witnesses.

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