Mortgage when to be by assurance? Section 59 of Transfer of Property Act, 1882
59. Where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage by deposit of title deeds, can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses.
Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by a registered instrument signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property.
Section 41 - Transfer by ostensible owner
Section 42 - Transfer by person having authority to revoke former transfer
Section 44 - Transfer by one co-owner
Section 45 - Joint transfer for consideration
Section 46 - Transfer for consideration by persons having distinct interests
Section 47 - Transfer by co-owners of share in common property
Section 48 - Priority of rights created by transfer
Section 49 - Transferee's right under policy
Section 50 - Rent bona fide paid to holder under defective title
Section 51 - Improvements made by bona fide holders under defective titles
Section 52 - Transfer of property pending suit relating thereto
Section 53 - Fraudulent transfer
Section 53A - Part performance
CHAPTER III
SALES OF IMMOVABLE PROPERTY
Section 55 - Rights and liabilities of buyer and seller
Section 56 - Marshalling by subsequent purchaser
Section 57 - Provision by Court for incumbrances, and sale freed therefrom
CHAPTER IV
OF MORTGAGES OF IMMOVABLE PROPERTY AND CHARGES
Section 58 - Mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed defined
Section 59 - Mortgage when to be by assurance
Section 59A - References to mortgagors and mortgagees to include persons deriving title from them