SECTION 59 – Mortgage when to be by assurance.

The Transfer of Property Act, 1882

SECTION 59

Mortgage when to be by assurance.

Mortgage when to be by assurance.—Where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage by deposit of title-deeds can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by a registered instrument signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property.