Section 102 of TPA : Section 102: Service Or Tender On Or To Agent

Explanation using Example

Imagine John has taken a loan from a bank and provided his property as mortgage security. John wants to repay the loan and requires to serve a notice to the bank to claim his property back. However, the bank's branch where he took the loan is in another district, and the bank manager who dealt with his mortgage is no longer there. Under Section 102 of the Transfer of Property Act, John can serve the notice to any agent of the bank who has the authority to accept such notices, provided they hold a general power-of-attorney or are otherwise authorized.

If John cannot find any such agent or does not know of one, he can approach a court for direction on how to serve the notice. If the court provides a method of serving the notice and John follows it, the law will consider the notice as properly served.

Moreover, if John wants to make a payment against the mortgage and cannot find any agent to accept the payment, he can deposit the amount in a court that has jurisdiction over the matter. This deposit will be treated as if he made a direct payment to the bank, fulfilling his obligation to tender the amount due.