Sections 93-98 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
This group of sections closes several gaps in the law of mortgages. A lender cannot jump the queue by paying off an earlier lender or making a later advance, an intermediate lender has the same rights against later lenders as against the borrower, and a co-mortgagor who redeems can recover a share of his expenses. Two more sections say how title-deed mortgages and anomalous mortgages are governed. This is explained as per the text of the Act consulted.
Section 93: a mortgagee who pays off a prior mortgage, or who makes a subsequent advance, does not gain priority over an intermediate mortgage, with or without notice, except in the case in section 79. Section 94: a mesne mortgagee has the same rights against later mortgagees as against the mortgagor. Section 95: a co-mortgagor who redeems can add a proportion of expenses. Section 96: a title-deed mortgage follows the simple mortgage rules. Section 98: an anomalous mortgage follows the contract, then local usage.
Source note and the repealed section
The text consulted is a publisher's print of the Act showing amendments up to the Transfer of Property (Amendment) Act, 2002 (3 of 2003); later amendments should be checked. Sections 93 to 96 are printed within square brackets, which marks inserted or substituted wording. Section 97 is printed only with a repeal note (the Code of Civil Procedure, 1908 (5 of 1908), section 156 and Schedule V) and is not explained. These sections follow the redemption rules in our article on sections 91 and 92.
For lenders and borrowers dealing with more than one mortgage on the same property, our loan documentation support service reviews the papers.
Section 93: no tacking
The section has two limbs:
- A mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, does not thereby acquire any priority in respect of his original security.
- Except in the case provided for by section 79, a mortgagee making a subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage, does not thereby acquire any priority in respect of his security for that subsequent advance.
"Tacking" is the name the heading gives to the practice the section prohibits: adding a later debt or a bought-out prior debt to your own security to leapfrog an intermediate lender. Section 79 is the stated exception, for advances within a maximum under a future-advances mortgage; it is explained in our article on sections 78 and 79.
Example. Ritu has mortgaged her factory first to Bank A, then to Lender B, then to Lender C. C pays off Bank A and later lends Ritu more money. C does not, by paying off A, gain priority over B for C's original security, and does not gain priority over B for the later advance either, unless the section 79 case applies.
Section 94: rights of a mesne mortgagee
Where a property is mortgaged for successive debts to successive mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as he has against the mortgagor. A mesne mortgagee is one who comes between an earlier and a later mortgagee, as the text implies by speaking of mortgagees "posterior to himself". In the example under section 93, Lender B is the mesne mortgagee.
Section 95: expenses of a redeeming co-mortgagor
Where one of several mortgagors redeems the mortgaged property, he may, in enforcing his right of subrogation under section 92 against his co-mortgagors, add to the mortgage money recoverable from them such proportion of the expenses properly incurred in the redemption as is attributable to their share in the property.
Section 96: mortgage by deposit of title-deeds
The provisions that apply to a simple mortgage apply, so far as may be, to a mortgage by deposit of title-deeds. The kinds of mortgage are described in our article on Section 58. This means the rules in sections 60 to 95 that suit a simple mortgage generally carry over to a title-deed mortgage, "so far as may be".
Section 98: anomalous mortgages
For an anomalous mortgage, the rights and liabilities of the parties are determined by their contract as evidenced in the mortgage-deed, and, so far as the contract does not extend, by local usage. The order is fixed: deed first, then local usage.
| Section | Subject | Core rule |
|---|---|---|
| 93 | Tacking | No priority gained by paying off a prior mortgage or by a later advance (section 79 excepted) |
| 94 | Mesne mortgagee | Same rights against later mortgagees as against the mortgagor |
| 95 | Co-mortgagor redeeming | Adds a proportion of properly incurred expenses |
| 96 | Title-deed mortgage | Simple-mortgage rules apply so far as may be |
| 97 | Repealed | Printed with a repeal note only |
| 98 | Anomalous mortgage | Contract in the deed, then local usage |
Practical points
- Second and third lenders: do not assume that clearing an earlier loan lifts your rank over an intermediate lender.
- Intermediate lenders: section 94 gives you against later mortgagees the same rights you have against the borrower.
- Co-owners who redeem: keep a record of expenses, as the proportion attributable to the others' shares can be added to the amount recoverable.
- Title-deed mortgages: the deposit of deeds is a mortgage in its own right; the simple-mortgage rules apply to it so far as may be. Registration for such documents is a separate subject; see how to register a mortgage deed.
- Anomalous mortgages: write the deed with full terms, because the text relies on the contract first.
- Stamp duty on a mortgage deed is a separate subject; no amount is stated in this Act.
Need help with ranking or structuring a mortgage?
If your loan sits behind another lender, or you are planning a mortgage by deposit of title-deeds or one with unusual terms, careful drafting avoids later disputes. Our loan documentation support team can go through the structure with you.
Key takeaways
- Paying off a prior mortgage or making a later advance does not give priority over an intermediate mortgage (section 79 is the stated exception).
- A mesne mortgagee has the same rights against later mortgagees as against the mortgagor.
- A redeeming co-mortgagor can add a proportion of expenses properly incurred.
- A title-deed mortgage follows the simple-mortgage rules so far as may be.
- An anomalous mortgage is governed by its deed, then local usage.
Read next
- Sections 91 and 92: who may redeem and subrogation
- Section 58: kinds of mortgage
- Section 100: charge on immovable property
- Types of mortgage under the Transfer of Property Act
Disclaimer: Based on a publisher's print of the Transfer of Property Act, 1882 showing amendments up to the Transfer of Property (Amendment) Act, 2002 (3 of 2003), as consulted on 2 October 2026. State amendments, later amendments, stamp duty and registration charges are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.