Section 92 The Transfer of Property Act, 1882

 


 Section 92 The Transfer of Property Act, 1882: 

Subrogation.—Any of the persons referred to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure or sale of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee. The right conferred by this section is called the right of subrogation, and a person acquiring the same is said to be subrogated to the rights of the mortgagee whose mortgage he redeems. A person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, if the mortgagor has by a registered instrument agreed that such persons shall be so subrogated. Nothing in this section shall be deemed to confer a right of subrogation on any person unless the mortgage in respect of which the right is claimed has been redeemed in full.



Supreme Court of India Important Judgments And Leading Case Law Related to Section 92 The Transfer of Property Act, 1882: 

Krishna Pillai Rajasekharan Nair  vs Padmanabha Pillai (D) By Lrs. & Ors on 15 December, 2003

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

Ganeshi Lal vs Joti Pershad on 7 November, 1952

Variavan Saraswathi And Anr vs Eachampi Thevi And Ors on 13 November, 1992

Kesavanchari Gopalakrishnan  vs Velu Achari Pappukutty Achari And on 17 January, 1996

State Of Punjab (Now Haryana) And, vs Amar Singh And Another on 21 January, 1974

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

Vikrama Das Mahant vs Daulat Ram Asthana & Ors on 15 February, 1956

Brahm Parkash vs Manbir Singh And Others on 14 March, 1963

Naresh vs Hemant on 19 November, 2019




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