Legal World

Section 73 TPA — Right to proceeds of revenue sale or compensation on acquisition

The Transfer of Property Act, 1882 · Official PDF page 32

Open in NyayaOfficial PDF, page 32

3[73. Right to proceeds of revenue sale or compensation on acquisition .—(1) Where th e mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears of revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgage e, the mortgagee shall be entitled to claim payment of the mortgage -money, in whole or in part, out of any surplus of the sale proceeds remaining after payment of the arrears and of all charges and deductions directed by law.

(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (1 of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immoveable property, the mortgagee shall be en titled to claim payment of the mortgage -money, in whole or in part, out of the amount due to the mortgagor as compensation.

(3) Such claims shall prevail against all other claims except those of prior encumbran ces, and may be enforced notwithstanding that the principal money on the mortgage has not become due.]

Text extracted from the official PDF (India Code source copy; consolidation date not certified). Line breaks and footnote marks may differ; the PDF is the authority.

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