1[63A. Improvements to mortgaged property.-- (1) Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, been improved, the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled to the improvement; and the mortgagor shall not, save only in cases provided for in sub-section (2), be liable to pay the cost thereof.
(2) Where any such improvement was effected at the cost of the mortgagee and was necessary to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insufficient, or was made in compliance with the lawful order of any public servant or public authority, the mortgagor shall, in the absence of a contract to the contrary, be liable to, pay the proper cost thereof as an addition to the principal money with interest at the same rate as is payable on the principal, or, where no such rate is fixed, at the rate of nine per cent. per annum, and the profits, if any, accruing by reason of the improvement shall be credited to the mortgagor.]
(2) Where any such improvement was effected at the cost of the mortgagee and was necessary to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insufficient, or was made in compliance with the lawful order of any public servant or public authority, the mortgagor shall, in the absence of a contract to the contrary, be liable to, pay the proper cost thereof as an addition to the principal money with interest at the same rate as is payable on the principal, or, where no such rate is fixed, at the rate of nine per cent. per annum, and the profits, if any, accruing by reason of the improvement shall be credited to the mortgagor.]
Source footnotes
1. Ins. by s. 27, ibid.आगे पढ़ें / Continue reading
Explore the next section or browse this act in the selected language.
Next · Section 64Renewal of mortgaged lease. →All sections / सभी धाराएँThe Transfer of Property Act, 1882 →
More sections of this act
Section 1 · Short title .Section 2 · Repeal of Acts.Section 3 · Interpretation-clause.Section 4 · Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.Section 5 · “Transfer of property” defined.Section 6 · What may be transferred.Section 7 · Persons competent to transfer.Section 8 · Operation of transfer.India Code, Government of India. Text fetched 09 Oct 2026. Source metadata reports last modification: 2018-04-16. Check the linked official text and subsequent notifications when applying a provision.