Section 101 The Transfer of Property Act, 1882

 


 Section 101 The Transfer of Property Act, 1882: 

 No merger in case of subsequent encumbrance.—Any mortgagee of, or person having a charge upon, immoveable property, or any transferee from such mortgagee or charge-holder, may purchase or otherwise acquire the rights in the property of the mortgagor or owner, as the case may be, without thereby causing the mortgage or charge to be merged as between himself and any subsequent mortgagee of, or person having a subsequent charge upon, the same property; and no such subsequent mortgagee or charge-holder shall be entitled to foreclose or sell such property without redeeming the prior mortgage or charge, or otherwise than subject thereto.



Supreme Court of India Important Judgments And Leading Case Law Related to Section 101 The Transfer of Property Act, 1882: 

Kidar Lall Seal And Another vs Hari Lall Seal on 18 December, 1951

Harbans Singh Etc vs Guran Ditta Singh Etc on 20 February, 1991




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