Title : Transfer of Encumbrances
State : Maharashtra
Year : 1947
(1) If the holding of an owner included in a scheme of consoli dation which has come into force under section 22 is burdened with a1[* * *] mortgage, debt or other encumbrance2[ other than a lease] such1[* * *] mortgage, debt or other encumbrance shall be transferred therefrom and attach itself to the holding allotted to him under the scheme or to such part of if as the Consolidation Officer may, subject to any rules made under section 37, appoint; and the3[* *] mortgagee, creditor or other incumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a1[***] mortgage, debt or other encumbrance is transferred under section (1) is of less market value than the original holding from which it is transferred the3[* * * ] mortgagee, creditor or other..... View Complete Act List Judgments citing this sectionTitle : Transfer of Encumbrances
State : Central
Year : 1947
(1) If the holding of an owner included in a scheme of consolidation which has come into force under section 22 is burdened with a 1[* * *] mortgage, debt or other encumbrance 2[ other than a lease] such 1[* * *] mortgage, debt or other encumbrance shall be transferred therefrom and attach itself to the holding allotted to him under the scheme or to such part of if as the Consolidation Officer may, subject to any rules made under section 37, appoint; and the 3[* *] mortgagee, creditor or other incumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a 1[***] mortgage, debt or other encumbrance is transferred under section (1) is of less market value than the original holding from which it is transferred the 3[* * * ] mortgagee, creditor or..... View Complete Act List Judgments citing this sectionTitle : Determination of Encumbrances and Payment of the Amount
State : Karnataka
Year : 1961
50. Determination of encumbrances and payment of1[the amount] (1)1[The Tahsildar while determining the amount under section 48B] shall determine any mortgage or other encumbrance lawfully subsisting on the land on the date of vesting, and the amount due under the mortgage or the encumbrance in respect of such land shall2[save as provided in section 106] be a charge on the1[amount] payable in respect of such land to the person who has created the mortgage or encumbrance. (2) (a) If the total amount payable in respect of encumbrances is less than the amount3[x x x] payable in respect of such land it shall be deducted from such amount and the balance paid to the land-owner, landlord the intermediaries, if any, and other persons interested,2[towards the amount]. (b) If the total..... View Complete Act List Judgments citing this sectionTitle : Encumbrances Against Apartments; Removal From, Encumbrances, Effect of Part Payment
State : Karnataka
Year : 1972
(1) Subsequent to recording the Declaration as provided in this Act, and while the property remains subject to this Act, no encumbrance of any nature shall thereafter arise or be effective against the property. During such period encumbrances may arise or be created only against each apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment, in the same manner and under the same conditions in every respect as encumbrances may arise or be created upon or against any other separate parcel of property subject to individual ownership: Provided that if during the period any encumbrance has arisen or been created against such apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such..... View Complete Act List Judgments citing this sectionTitle : Encumbrances Against Apartments
State : Central
Year : 1986
(1) The owner of each apartment may create any encumbrance, only against the apartment owned by him and the percentage of the undivided interest in the common areas and facilities appurtenant to such apartment in the same manner and to the same extent as may be created in relation to any other separate parcel of property subject to individual ownership. Provided that where any such encumbrance is created, the apartment in relation to which such encumbrance has been created shall not be partitioned or sub-divided. (2) No labour performed or material furnished with the consent, or at the request, of an apartment owner or his agent or his contractor or sub-contractor, shall be the basis for a charge or any encumbrance under the provisions of the Transfer of Property Act, 1882, 4 of..... View Complete Act List Judgments citing this sectionTitle : Discharge of Encumbrances on Sale: Provision by Court for Encumbrances and Sale Freed Therefrom
State : Central
Year : 1882
(a) Where immoveable property subject to any encumbrance, whether immediately payable or not, is sold by the Court or in execution of a decree, or out of court, the Court may, if it thinks fit, on the application of any party to the sale, direct or allow payment into court, (1) in case of an annual or monthly sum charged on the property, or of a capital sum charged on a determinable interest in the property of such amount as, when invested in securities of the Central Government, the court considers will be sufficient, by means of the interest thereof, to keep down or otherwise provide for that charge, and (2) in any other case of a capital sum charged on the property of the amount sufficient to meet the encumbrance and any interest due thereon. But in either case there shall also..... View Complete Act List Judgments citing this sectionTitle : Fraudulent Alienations or Encumbrances Void
State : Maharashtra
Year : 1947
(1) If in the course of the hearing of an application made under section 4, the Court finds that the debtor has made an alienation of property or created any encumbrance thereon with intent to defeat or delay any of his creditors, the Court shall, by notice, summon the debtor and the person in whose favour the alienation or encumbrance is made or created to appear before it on a day to be specified in the notice. (2) On the day specified in the notice or such other day to which the hearing may be adjourned the Court shall hear the parties 1[and record evidence as may be produced] and if it is satisfied that the alienation was made or the encumbrance was created with intent to defeat or delay any of the creditors of the debtor the Court shall declare the alienation or encumbrance to be..... View Complete Act List Judgments citing this sectionTitle : No Merger in Case of Subsequent Encumbrance
State : Central
Year : 1882
1 [101. No merger in case of subsequent encumbrance Any mortgagee of, or person havinga charge upon, moveable property, or any transferee from such mortgagee orcharge-holder, may purchase or otherwise acquire the rights in the property ofthe mortgagor or owner, as the case may be, without thereby causing the mortgageor charge to be merged as between himself and any subsequent mortgagee of, orperson having a subsequent charge upon, the same property; and no suchsubsequent mortgagee or charge-holder shall be entitled to foreclose or sellsuch property without redeeming the prior mortgage or charge, or otherwise thansubject thereto.] ________________________ 1. Substituted byAct 20 of 1929, Section 51, for the original section. View Complete Act List Judgments citing this sectionTitle : Land Acquired to Vest in Government Free from All Encumbrances
State : Karnataka
Year : 1973
When a notice under section 17 is published in the official Gazette, the land to which the said notice relates shall, on and from the date on which the notice is so published, vest absolutely in the Government free from all encumbrances. View Complete Act List Judgments citing this sectionState : Central
Year : 1882
THE TRANSFER OF PROPERTY ACT, 1882 THE TRANSFER OF PROPERTY ACT, 1882 (4 OF 1882) [17th February, 1882] An Act to amend the law relating to the Transfer of Property by act of parties. Preamble."Whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties; it is hereby enacted as follows :" CHAPTER I PRELIMINARY SECTION 01: SHORT TITLE This Act may be called The Transfer of Property Act, 1882. Commencement. "It shall come into force on the first day of July, 1882. Extent. "'[It extends2 in the first instance to the whole of India except 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of] Bombay, Punjab and Delhi.] 4 [But this..... List Judgments citing this section