TRANSFER OF PROPERTY ACT 1882 BARE ACT PDF
This Act may be called the Transfer of Property Act, Commencement It shall come into force on the first day of July, Extent 3[ It extends to the whole. Full text containing the act, Transfer of Property Act, , with all the sections, schedules, short title, enactment date, and footnotes. THE TRANSFER OF PROPERTY ACT PAKISTAN study notes on of property act pdf in hindi transfer of property act ppt transfer of property bare act.
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THE TRANSFER OF PROPERTY ACT in India Bare Acts, Banking and Insurance, Business and Corporate, Constitutional, Consumer Laws, Criminal Law. The Transfer of Property Act, happened to be one of the early .. incidental remedy for its recovery or is a bare right to bring an action either at law or in. Preamble1 - TRANSFER OF PROPERTY ACT, Chapter 1. Section1 - Short title. Section2 - Repeal of Acts-Saving of certain enactments, incidents, rights.
But if A transfers the whole of his interest in the property, i.
Sub-section c : Easement An easement is a right to use, or restrict the use of land of another in some way. Examples of easements are rights of way, rights of light and rights of water. An easement involves the existence of a dominant heritage and a servient heritage. That is, there must be two parcels of land, one the dominant heritage to which the benefit of the easement attaches, and another the servient heritage which bears the burden of the easement.
But technically an easement cannot exist in gross independently of the ownership of land but only as appurtenant attached to a dominant heritage.
It follows therefore that an easement cannot be transferred without the property which has the benefit of it. A, the owner of a house X, has a right of way over an adjoining plot of land belonging to B.
A transfers this right of way to C. The transfer is a transfer of easement and therefore invalid.
Transfer of Property Act 1882
But if A transfers the house itself, the easement passes on to C on such transfer. A transfer of such interest would defeat the object of the restriction.
As an example, if a house is lent to a man for his personal use, he cannot transfer his right of enjoyment to another. Under this clause, the following kinds of interest have been held not to be transferable:— a A religious office b Emoluments attached to priestly office.
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Where, however, the right to receive offerings made at a temple is independent of an obligation to perform services involving qualifications of a personal nature, the right is transferable.
Sub-section dd : Maintenance A right to future maintenance is solely for the personal benefit of the person to whom it is granted and, therefore, cannot be transferred.
Before the insertion of this Sub-section in , there was a conflict of opinion whether the right to future maintenance when it was fixed by a decree was transferable. It was held in Madras that it was, and in Calcutta that it was not.
The amendment supersedes the Madras decision. The result is that the assignment of a decree for maintenance is valid if the maintenance has already become due but as to future maintenance it is not valid. Arrears of maintenance, therefore, can be assigned.
Sub-section e : Mere right to sue A mere right to sue, as for instance, in respect of damages for breach of contract, or for tort, cannot be transferred. The object of the prohibition is to prevent gambling in litigation. Moreover, a right to sue is personal to the party aggrieved.
Oral Transfer of Property under the Transfer Of Property Act
A contracts to buy goods from B. On due date A fails to take delivery and B sells the goods in the market at a loss of Rs. B transfers the right to recover the damages to C. Sub-section f : Public office 8 According this section, a public office cannot be transferred. Section76 - Liabilities of mortgagee in possession. Section79 - Mortgage to secure uncertain amount when maximum is expressed.
Section83 - Power to deposit in Court money due on mortgage.
Section85 - Suits for Foreclosure, Sale or Redemption. Section85 - Parties to suits for foreclosure, sale and redemption: Section86 to 90 - Foreclosure and Sale: Section91 - Persons who may sue for redemption.
Section95 - Right of redeeming co-mortgagor to expenses. Section96 - Mortgage by deposit of title-deeds. Section97 - Application of proceeds: Section98 - Anomalous Mortgage: Rights and liabilities of parties to anomalous mortgage.
Section99 - Attachment of mortgaged property: Section - No merger in case of subsequent encumbrance. Section - Notice, etc. Section - Duration of certain leases in absence of written contract or local usage.
Section - Rights and liabilities of lessor and lessee. Section - Exclusion of day on which term commences. Section - Relief against forfeiture for non-payment of rent. SectionA - Relief against forfeiture in certain other cases. Section - Effect surrender and forfeiture under-leases.
Section - Exemption of leases for agricultural purposes. Section - Right of party deprived of thing received in exchange. Section - Rights and liabilities of parties.
THE TRANSFER OF PROPERTY ACT 1882 PAKISTAN
Section - Gift of existing and future property. Section - Gift to several of whom one does not accept. Section - When gift may be suspended or revoked.
Section - Saving of donations mortis causa and Muhammadan law. The seller is bound to pay all the charges and rent, dues or government fees up to the date of sale.
The seller is bound to give, on being so required, the buyer or such person as he directs, such possession of the property The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same. According to Section 55 4 b if price remains unpaid, the seller cannot refuse delivery of possession for can claim back the possession if already given to buyer, but he seller is given a right to recover unpaid purchase money from and out of the property.
Section 6 in the Transfer of Property Act, 1882 states that
What are the Rights and Duties of Buyer? The rights and duties of buyer are subject to the contract. Section 55 5 d — The buyer is liable to pay the outgoings, e.
The earnest , and cost awarded to him in a suit to compel specific performance of the contract or to obtain a decree for its recession in case he properly declines to accept delivery. What is Mortgage?Section47 - Transfer by co-owners of share in common property. RSS forum feed Topics: He has allowed two suits to be proceeded with, independently. Implied contracts by mortgagor. Both the terms are not completely defined in the Act  hence the definition given in Section 3 of General Clauses Act, has to be read along with the interpretation clause in The Transfer of Property Act, A uniform legislation was the need of the hour considering this factor, and this act was drafted to serve the selfsame purpose.
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