Section 92 in The Transfer of Property Act, 1882

Title: Subrogation

Description: 1[92. 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.] 1. Ins. by s. 47, ibid. Original ss. 92 to 94 were rep. by Act 5 of 1908, s. 156 and the fifth Schedule.

Title: Prohibition of tacking.

Description: 1[93. Prohibition of tacking-- No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his original security; and, except in the case provided for by section 79, no mortgagee- making a subsequent advance to the mortgagor, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance.] 1. Ins. by s. 47, ibid. Original ss. 92 to 94 were rep. by Act 5 of 1908, s. 156 and the fifth Schedule.

Title: Right of mesne mortgagee.

Description: 1[94. Rights of 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.] 1. Ins. by s. 47, ibid. Original ss. 92 to 94 were rep. by Act 5 of 1908, s. 156 and the fifth Schedule.

Title: Right of redeeming co-mortgagor to expenses.

Description: 1[95. Right of redeeming co-mortgagor to expenses.-- Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92 against his co-mortgagors, be entitled to add to the mortgage-money recoverable from them such proportion of the expenses properly incurred in such redemption as is attributable to their share in the property.] 1. Subs. by Act 20 of 1929, s. 48, for section 95. Original s. 96 was rep. by Act 5 of 1908, s. 156 and Sch. V.

Title: Mortgage by deposit of title-deeds.

Description: 1[96. Mortgage by deposit of title-deeds-- The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds.] 1. Subs. by Act 20 of 1929, s. 48, for section 95. Original s. 96 was rep. by Act 5 of 1908, s. 156 and Sch. V.