https://www.taxtmi.com/caselaws?id=277372 Section 59 of the Transfer of Property Act was interpreted as not requiring the mortgagor's personal autograph, so a mortgage deed signed by an authorised person for an illiterate mortgagor could be effective. The majority reasoned that, unless the statute clearly excludes agency, an act done through an authorised agent is treated as the act of the principal, and that Section 123 did not control the meaning of Section 59 because the provisions address different subjects. The mortgagor's authority to the scribe and subsequent acknowledgment before registration were treated as supporting execution. A dissenting view held that the wording of Section 59 indicated personal signature was necessary. en-us Fri, 20 Jun 1902 00:00:00 +0521 Mon, 03 Dec 2018 10:20:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=277372 Section 59 of the Transfer of Property Act was interpreted as not requiring the mortgagor's personal autograph, so a mortgage deed signed by an authorised person for an illiterate mortgagor could be effective. The majority reasoned that, unless the statute clearly excludes agency, an act done through an authorised agent is treated as the act of the principal, and that Section 123 did not control the meaning of Section 59 because the provisions address different subjects. The mortgagor's authority to the scribe and subsequent acknowledgment before registration were treated as supporting execution. A dissenting view held that the wording of Section 59 indicated personal signature was necessary. Case-Laws Indian Laws Fri, 20 Jun 1902 00:00:00 +0521 https://www.taxtmi.com/caselaws?id=277372