Oct 24, 2017
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Doctrine of Subrogation – Transfer of Property Act

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Doctrine of Subrogation

The word ”subrogation” has been derived from the Roman Law.

Meaning:

Subrogation means, substitution of one person or thing for another, and because of such substitution, the same rights and obligations attached to the original person or thing, the same rights and obligations also get attached to the substitute person or thing. Therefore, it simply means placing one’s self in the shoes of another.

Sec 92 of the Transfer of Property Act, deals with the Doctrine of Subrogation –

The principle of subrogation refers to the substitution of one person for another. The substituting person acquires the others rights and obligations.

  1. Any of the persons referred in Sec 91 and any co-mortgagor have the same rights as the mortgagee whose mortgage is redeemed, which he may have against the mortgagor or any other mortgagee.
  2. A person who has advanced the mortgagor money with which the mortgage has been redeemed, such person shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, provided that, the ‘mortgagor’ has a registered instrument.

Application of the Doctrine:

It means the doctrine applies to the following persons:

i) A person having  interest in the mortgaged property or has any right of redemption.

ii)Any creditor of the mortgage.

iii)Also a co-mortgagor.

iv)Moreover also includes a mortgagor’s surety redeeming the mortgage.

 

Article Categories:
Property Law

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