Transfer of Property Act Section 102 — Service or tender on or to agent
CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Notice and Tender
General
Summary
If the person who must receive a notice or payment related to a mortgage does not live in the district where the mortgaged property is located, giving the notice or payment to that person’s agent with a general power of attorney (or someone else officially authorised to accept it) is considered valid. If no such person or agent can be found or is known, the person who needs to give the notice can ask a court that could hear a mortgage redemption lawsuit to decide how the notice should be given, and following that court’s direction is considered sufficient. If no person or agent can be found to receive a payment, the person wanting to make the payment can deposit the amount in a court that could hear a mortgage redemption lawsuit, and that deposit counts as a valid tender of the amount.
Official Text
Where the person on or to whom any notice or tender is to be served or made under this Chapter does not reside in the district in which the mortgaged property or some part thereof is situate, service or tender on or to an agent holding a general power-of-attorney from such person or otherwise duly authorised to accept such service or tender shall be deemed sufficient. 1[Where no person or agent on whom such notice should be served can be found or is known] to the person required to serve the notice, the latter person may apply to any Court in which a suit might be brought for redemption of the mortgaged property, and such Court shall direct in what manner such notice shall be served, and any notice served in compliance with such direction shall be deemed sufficient: 2[Provided that, in the case of a notice required by section 83, in the case of a deposit, the application shall be made to the Court in which the deposit has been made.] 3[Where no person or agent to whom such tender should be made can be found or is known] to the person desiring to make the tender, the latter person may deposit 4[in any Court in which a suit might be brought for redemption of the mortgaged property] the amount sought to be tendered, and such deposit shall have the effect of a tender of such amount.