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Transfer of Property Act, 1882 Chapter IV

Title: Of Mortgages of Immovable Property and Charges

State: Central

Year: 1882

.....times, at his request and at his own cost, and on payment of the mortgagee's costs and expenses in this behalf, to inspect and make copies or abstracts of, or extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.] Section 61 - Right to redeem separately or simultaneously 1 [61. Right to redeem separately or simultaneously A mortgagor who has executed two ormore mortgages in favour of the same mortgagee shall, in the absence of acontract to the contrary, when the principal money of any two or more of themortgages has become due, be entitled to redeem any one such mortgageseparately, or any two or more of such mortgages together.] ________________________ 1. Substituted byAct 20 of 1929, section 24 for the original section. Section 62 - Right of usufructuary mortgagor to recover possession In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property 1 [together with the mortgage-deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], - (a) where the mortgagee is authorized to pay himself the.....

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Transfer of Property Act, 1882 Chapter V

Title: Of Leases of Immoveable Property

State: Central

Year: 1882

.....or (if such tender or delivery isnot practicable) affixed to a conspicuous part of the property.] _______________________ 1.Substitutedby Act3 2003, section 2, for Section "106.Durationof certain leases in absence of written contract or local usage. -Inthe absence of a contract or local law or usage to the contrary, a lease ofimmoveable property for agricultural or manufacturing purposes shall be deemedto be a lease from year to year, terminable, on the part of either lessor orlessee, by six months' notice expiring with the end of a year of the tenancy;and a lease of immoveable property for any other purpose shall be deemed to be alease from month to month, terminable, on the part of either lessor or lessee,by fifteen days' notice expiring with the end of a month of the tenancy. Everynotice under this section must be in writing, signed by or on behalf of theperson giving it, and either be sent by post to the party who is intended to bebound by it or be tendered or delivered personally to such party, or to one ofhis family or servants at his residence, or (if such tender or delivery is notpracticable) affixed to a conspicuous part of the property." Section 107 -.....

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Requisitioning and Acquisition of Immc Vable Property Act, 1952 Section 7

Title: Power to Acquire Requisitioned Property

State: Central

Year: 1952

.....at the expense of the Central Government and the Government decides that the value of, or the right to use, such works should be secured or preserved for the purposes of Government; or (b) where the cost of restoring the property to its condition at the time of its requisition would, in the determination of the Central Government, be excessive and the owner declines to accept release from requisition of the property without payment of compensation for so restoring the property. (4) Any decision or denomination of the Central Government under sub-section (3) shall be final and shall not be called in question in any Court. (5) For the purposes of clause (a) of sub-section (3) "works" includes buildings, structures and improvements of every description.

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MARRIED WOMEN'S PROPERTY ACT, 1874 Preamble 1

Title: MARRIED WOMEN'S PROPERTY ACT, 1874

State: Central

Year: 1874

.....as hereinafter appears for the enjoyment of wages and earnings by women married before the first day of January, 1866 , and for insurances on lives by persons married before or after that day: And whereas by the Indian Succession Act, 1865 ( 10 of 1865 )1, Sec. 4 , it is enacted that no person sh all by marriages acquire any interest in the property of the person whom he or sh e marries, nor become incapable of doing any act in respect of hi s or her own property, which he or sh e could have done, if unmarried: And whereas by force of the said Act all women to whose marriages it applies are absolute owners of all property vested in, or acquired by them, and their husbands do not by their marriage, acquire any interest in such property, but the said Act does not protect such husbands from liabilities on account of the debts of their wives contracted before marriage, and does not expressly provide, for the enforcement of claims by or against such wives; It is hereby enacted as follows:-- ________________________ 1. The relevant provision of the Indian Succession Act, 1925 ( 39 of 1925 ).

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Hindu Succession Act, 1956 Section 14

Title: Property of a Female Hindu to Be Her Absolute Property

State: Central

Year: 1956

(1) Any property possessed by a Female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.In this sub-section, "property" includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act. (2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

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Administration of Evacuee Property Act, 1950 [Repealed] Chapter II

Title: Evacuee Property and Vesting Thereof in the Custodian

State: Central

Year: 1950

.....of such company is situate in any part of the territories to which this Act extends, and notwithstanding anything to the contrary contained in this Act or the Indian Companies Act, 1913, or in the articles of association of the company : Provided that the Custodian shall not take charge of such management of the company except with the previous approval of the Central Government;] (m) incur any expenditure, including the payment of taxes, duties, cesses and rates to Government or to any local authority3[***]; (n) pay to the evacuee, or to any member of his family or to any other person as in the opinion of the Custodian is entitled thereto, any sums of money out of the funds in his possession; (o) transfer in any manner whatsoever any evacuee property, notwithstanding anything to the contrary contained in any law or agreement relating thereto : Provided that the Custodian shall not sell any immovable property or any business or other undertaking of the evacuee, except with the previous approval of the Custodian-General. 4[(p) acquire any non-evacuee interest in evacuee property, whether by way of purchase or otherwise : Provided that no such acquisition shall be made.....

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Transfer of Property Act, 1882 Chapter III

Title: Of Sales of Immoveable Property

State: Central

Year: 1882

.....on such amount or part1[from the date on which possession has been delivered]. (5) The buyer is bound- (a) to disclose to the seller any fact as to the nature or extent of the seller's interest in the property of which the buyer is aware, but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest; (b) to pay or tender, at the time and place of completing the sale, the purchase-money to the seller or such person as he directs: provided that, where the property is sold free from encumbrances, the buyer may retain out of the purchase-money the amount of any encumbrances on the property existing at the date of the sale, and shall pay the amount so retained to the persons entitled thereto; (c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller; (d) where the ownership of the property has passed to the buyer, as between himself and the seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any encumbrances.....

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Administration of Evacuee Property Act, 1950 [Repealed] Section 8

Title: Vesting of Evacuee Property in the Custodian

State: Central

Year: 1950

.....the commencement of this Act there is pending before the High Court, the Custodian or any other authority for or in any State any proceeding under Section 8 or Section 30 of the Administration of Evacuee Property Ordinance, 1949 (XII of 1949), or under any other corresponding law repealed by the Administration of Evacuee Property Ordinance, 1949 (XXVII of 1949), then notwithstanding anything contained in this Act or in any other law for the time being in force such proceeding shall be disposed of as if the definitions of evacuee property' and 'evacuee' contained in Section 2 of this Act had become applicable thereto. 1[(2A) Without prejudice to the generality of the provisions contained in sub-section (2), all property which under any law repealed hereby purports to have vested as evacuee property in any person exercising the powers of Custodian in any State shall, notwithstanding any defect in any or the invalidity of, such law or any judgment, decree or order of any Court, be deemed for all purposes to have validity vested in that person, as if the provisions of such law had been enacted by Parliament and such property shall, on the commencement of this Act, be deemed to.....

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Administration of Evacuee Property Act, 1950 [Repealed] Section 16

Title: Restoration of Evacuee Property

State: Central

Year: 1950

.....be entertained unless -- (a) before making the application, the applicant has filed all appeals and revision applications permissible under this Act against the order declaring the property of the evacuee to be evacuee property and the Custodian-General has made a final order in the case; and (b) the application is made within sixty days of the final order of the Custodian-General : Provided that any such application by an evacuee who migrated to West Pakistan from the State of Uttar Pradesh during the period between the 1st day of February, 1950 and 31 st day of May, 1950 and who is permitted to return to India for permanent resettlement may be entertained if it is made within sixty days of the return of the evacuee to India : Provided further that nothing contained in this sub-section shall apply to an application under sub-section (1) which is pending on the commencement of the Administration of Evacuee Property (Amendment) Act, 1954. Explanation.-- In this sub-section, the expression 'Custodian-General' shall include a Deputy Custodian-General and an Assistant Custodian-General.] 3(2) On receipt of an application under sub-section (1), the Central Government or.....

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Administration of Evacuee Property Act, 1950 [Repealed] Section 40

Title: Validity of Transfers Respecting Property Subsequently Declared to Be Evacuee Property

State: Central

Year: 1950

.....not adequate, or (b) that the application was barred by limitation, then, notwithstanding anything to the contrary contained in any law or contract or decree or order of a Civil Court or other authority, but subject to any rules that may be made by the Central Government in this behalf, the Custodian may and shall, where the application for confirmation was rejected by the Custodian-General, if the Costodian-General so directs, exercise any of the following powers in respect of the transfer, namely :-- (i) confirm the transfer if the consideration paid for the transfer is adequate; (ii) confirm the transfer if the transferee agrees to pay to the Custodian the difference in value between the value of the property as assessed by the Custodian and the amount actually paid by the transferee to the transferor; (iii) if the transferee agrees, take possession of such part of the property as, after dividing it by metes and bounds, is equivalent in value to the difference between the value of the property as assessed by the Custodian and the amount paid by the transferee to the transferor; (iv) if the transferee agrees, take possession of the entire property by paying off to.....

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