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    Question

    A property is mortgaged to 'A' for ₹50,000 and then to

    'B' for ₹30,000. 'A' then advances a further ₹20,000 to the mortgagor. Under the Transfer of Property Act, does 'A' have priority over 'B' for the subsequent ₹20,000? 
    A Yes, because 'A' is the first mortgagee. Correct Answer Incorrect Answer
    B No, the "Doctrine of Tacking" is abolished in India (Section 93). Correct Answer Incorrect Answer
    C Yes, if 'B' had notice of 'A's intent to advance more. Correct Answer Incorrect Answer
    D Only if the property value exceeds ₹1,00,000. Correct Answer Incorrect Answer
    E Yes, if the second mortgage is unregistered. Correct Answer Incorrect Answer

    Solution

    Section 93 of the TPA which was inserted by the Amending Act of 1929, explicitly states that a prior mortgagee (A) cannot, in the absence of a contract to the contrary, tack a subsequent advance so as to acquire priority over an intermediate mortgagee (B) of whom they had notice.

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