Site navigation

Which person does the first paragraph of section 92 of the Transfer of Property Act, 1882 expressly…

The first paragraph of section 92 excludes the sole mortgagor who redeems the mortgage. It includes other eligible section 91 persons and co-mortgagors. Subrogation requires…

Choose your answer

Which person does the first paragraph of section 92 of the Transfer of Property Act, 1882 expressly exclude from statutory subrogation upon full redemption?

Select one answer
Answer and explanation

Correct answer D

The first paragraph of section 92 excludes the sole mortgagor who redeems the mortgage. It includes other eligible section 91 persons and co-mortgagors.

Subrogation requires full redemption of the mortgage in respect of which the right is claimed.

Option feedback

Option A

Section 92 includes eligible interest holders under section 91(a), which excludes the mortgagee of the interest sought to be redeemed.

Option B

Section 91(b) includes a surety for all or part of the debt, so a surety can qualify under section 92.

Option C

Section 91(c) includes a creditor with a sale decree obtained in that administration suit, so the creditor can qualify under section 92.

Option D

The first paragraph expressly excludes the mortgagor in that capacity. It separately includes a co-mortgagor.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic