Transfer of Property Act, 1882

Prohibition of tacking

93. No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall there by 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 inter- mediate mortgage, shall there by acquire any priority in respect of his security for such subsequent advance.