51Transfers arising from mortgages of land under Real Property Act 1900

#### 51 Transfers arising from mortgages of land under Real Property Act 1900 51 Transfers arising from mortgages of land under [Real Property Act 1900](/view/html/inforce/current/act-1900-025) > > (1) The mortgagor and the mortgagee are jointly and severally liable to pay the duty chargeable on a transfer by way of mortgage of dutiable property that is land under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025). > > > (2) If the Chief Commissioner is satisfied that— > > > > > (a) duty has been paid in accordance with this section on a transfer of dutiable property to which this section applies, and > > > > > (b) the dutiable property has been re-transferred to the mortgagor (or a person to whom the land has been transmitted by death or bankruptcy) and the mortgagor (or person) is the registered proprietor of the land, > > > > the Chief Commissioner must refund the ad valorem duty paid on the transfer less the amount of duty that would have been payable on the mortgage under Chapter 7 (Mortgages). > > > (3) In this section— > > > > ad valorem duty means ad valorem duty under this Chapter. > > **s 51:** Am 2016 No 32, Sch 1 \[11\].