. Delivery of tangible immoveable property takes place when the seller places the buyer, or such person as he directs, in possession of the property. Exchange is like a sale, but differs from it as regards the consideration. The rights of the transferees will not be adversely affected, provided: they acted in good faith; the property was acquired for a consideration, and the transferees had acted without notice of the defect in the title of the transferor. Section 69 re-numbered as sub-section 1 of that section, by Act 20 of 1929, sec.
Notice to be in writing, signed 132. Tripathi, provides a comprehensive analysis of The Transfer of Property Act, 1882. Illustrations a A, the lessor, gives B, the lessee, notice to quit the property leased. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. Incapacity of officers connected with Courts of Justice. Where no day of commencement is named, the time so limited begins from the making of the lease.
According to the Act, 'transfer of property' means an act by which a person conveys the property to one or more persons, or himself and one or more other persons. Illustration A lets a house to B, and reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of it detrimental to its value. Gift to several of whom one does not accept. Implied contracts by mortgagor 65A. An omission to make such disclosures as are mentioned in this section, paragraph 1 , clause a , and paragraph 5 , clause a , is fraudulent. But in either case there shall also be paid into court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses and interest, and any other contingency, except depreciation of investment, not exceeding one-tenth part of the original amount to be paid in, unless the Court for special reasons which it shall record thinks fit to require a large additional amount. Transfer by person authorised only under certain circumstances to transfer.
If such a right is to extend over many years, it will be treated as an interest in immovable property. Mortgage by deposit of title-deeds 97. A and his wife perish together, under circumstances which make it impossible to prove that she died before him. Improvements made by bona fide holders under defective titles 52. Right of party deprived of thing received in exchange.
He forfeits the gift of Rs. Rights and liabilities of parties to anomalous mortgages. Notice to be in writing, signed. Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him. Certain words omitted by Act 20 of 1929, sec.
Mortgage when to be by assurance Where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage by deposit of title deeds can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Similarly a religious office like those of mutawali of a wakf or of mahant of a math and emoluments attached to priestly office cannot be transferred. Warranty of solvency of debtor 134. Assignment of rights under policy of insurance against fire. The Act has been extended to Manipur by the Union Territories Laws Amendment Act, 1956 68 of 1956. Delhi Contonment , see Gazette of India, 1963, Pt.
Subsequently acquired interest does not pass automatically to transferee but only when he claims the right in such property. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice. Mortgage to secure uncertain amount when maximum is expressed. Apportionment of periodical payments on determination of interest of person entitled. The widows set-up a Will which authorised them to adopt a son. References to mortgagors and mortgagees to include persons deriving title from them. This rule embodies a rule of i.
It has been held that the Board was entitled to institute proceedings against the tenant as the notice period had expired; Vasant Kumar Radhakishan Vora v. He has thereby confirmed the transfer of the estate to B. E had agreed as a term of his lease to perform this work for A. Gift of existing and future property. But if no time is specified for the performance of the act, then, if its performance is by the fraud of a person interested in the non-fulfilment of the condition rendered impossible or indefinitely postponed, the condition shall as against him be deemed to have been fulfilled. Illustration A transfers property to B for life, and after his death to C and D, equally to be divided between them, or to the survivor of them.