Transfer of Property Act, 1882 · Chapter IV: Of Mortgages of Immoveable Property and Charges · Rights and liabilities of Mortgagee
Section 70: Accession to mortgaged property
In plain words
Anything added to the mortgaged property after the mortgage, such as land gained by alluvion or a house built on the plot, becomes part of the lender's security, unless agreed otherwise.
Example: A mortgages a plot to B and then builds a house on it. B's security covers the house too.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
If, after the date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absence of a contract to the co ntrary, shall, for the purposes of the security, be entitled to such accession.
Illustrations
(a) A mortgages to B a certain field bordering on a river. The field is increased by alluvion. For the purposes of his security, B is entitled to the increase.
(b) A mortgages a certain plot of building land to B and afterwards erects a house on the plot. For the purposes of his security, B is entitled to the house as well as the plot.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.