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The Orissa Court of Wards Act, 1947 Complete Act

State: Orissa

Year: 1947

.....with the provisions of Section 4 of the Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952). (2) No claim under Section 68 of the Indian Contract Act, 1872 (IX of 1872) shall be enforceable against the property of a ward which is under the superintendence of Court; but the Court may, in its discretion, satisfy in whole or in part, any such claim. Section 39 - Powers of Court as to property under its superintendence The Court may mortgage or sell the whole or any part of any property under its superintendence and may give leases or farms of the whole or any part of such property or such terms as it thinks fit, and, may make remissions of rent or other dues, and may generally pass such orders and do such acts not inconsistent with the provisions of this or any other Act for the time being in force as it may judge to be for the advantage of the ward or for the benefit of the property. Section 40 - Establishments and distribution of charges The Court may order such establishments to be incurred as it shall consider requisite for the care and management of the persons and properties under its superintendence and generally for all the purposes of the Act, and may order that such.....

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The Transfer of Property Act, 1882 Complete Act

State: Central

Year: 1882

.....for relief, whether such debt or beneficial interest be existent, accruing, conditional or contingent;] 17 ["a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it. Explanation 1. "Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:] Provided that " (1) the instrument has been registered and its registration.....

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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 Section 60A

Title: Obligation to Transfer to Third Party Instead of Re-transference to Mortgagor

State: Central

Year: 1882

1 [60A. Obligation to transfer to third party instead of re-transference to mortgagor (1) Where a mortgagor is entitled to redemption, then, on the fulfilment of any conditions on the fulfilment of which he would be entitled to require a re-transfer, he may require the mortgagee, instead of re-transferring the property, to assign the mortgage-debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly. (2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrancer notwithstanding an intermediate encumbrance; but the requisition of any encumbrance shall prevail over a requisition of the mortgagor and, as between encumbrances, the requisition of a prior encumbrancer shall prevail over that of a subsequent encumbrancer. (3) The provisions of this section do not apply in the case of a mortgagee who is or has been in possession. ________________________ 1. Sections 60A and 60B Inserted by Act 20 of 1929, section 23.

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The Himachal Pradesh Holdings Consolidation and Prevention of Fragmentation) Act, 1971 Complete Act

State: Himachal

Year: 1971

.....done under this Act. 59. Rule making power. 60. Repeal and savings. THE HIMACHAL PRADESH HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1971 (ACT NO.20 OF 1971) (For Statement of Objects and Reasons see R.H.P. Extra., dated the 14th September, 1971, p.1185.) (Received the assent of the Governor on the 5th November, 1971, and was published in R.H.P. Extra, dated the 19th November, 1971 at p.1430-1446) Amended, repealed or otherwise affected by," (i) H.P. Act No.8 of 1974, published in R.H.P. Extra, dated 21st February, 1974 at p.171-210. An Act to provide for the consolidation of agricultural holdings and for preventing the fragmentation of agricultural holdings in the State of Himachal Pradesh and for the assignment or reservation of land for common purposes of the village. BE it enacted by the Legislative Assembly of Himachal Pradesh in the Twenty-second Year of the Republic of India as follows:" CHAPTER-I PRELIMINARY 1. Short title, extent and commencement." (1) This Act may be called the Himachal Pradesh Holdings (Consolidation and Prevention of Fragmentation) Act, 1971. (2) It extends to the whole of the State of Himachal Pradesh. (3) This section shall.....

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The Kerala Revenue Recovery Act, 1968 [1] Complete Act

State: Kerala

Year: 1968

THE KERALA REVENUE RECOVERY ACT, 1968 [1] THE KERALA REVENUE RECOVERY ACT, 1968 [1] (ACT 15 Of 1968) An Act to consolidate and amend the law relating to the recovery of arrears of public revenue in the State of Kerala Preamble.- WHEREAS it is expedient to consolidate and amend the laws relating to the recovery of arrears of public revenue in the State of Kerala ; BE it enacted in the Nineteenth Year of the Republic of India as follows : - CHAPTER I Preliminary 1. Short title, extent and commencement .- (1) This Act may be called the Kerala Revenue Recovery Act, 1968. (2) It extends to the whole of the State of Kerala . (3) It shall come into force on such date as the Government may, by notification in the Gazette, appoint. 2. Definitions .- In this Act, unless the context otherwise requires,- "arrear of public revenue due on land" means the whole or any portion of any kist or instalment of such revenue not paid on the day on which it falls due according to the kistbandy or any engagement or usage ; "authorised officer" referred to in any provision of this Act means the officer authorised by the Collector under section 73 to exercise the powers or.....

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East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 Complete Act

State: Punjab

Year: 1948

.....HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948 EAST PUNJAB HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948 ACT NO. 50 OF 1948 THE EAST PUNJAB HOLDINGS (CONSOLIDATION AND PREVENTION OF FRAGMENTATION) ACT, 1948 East Punjab Act No. 50 of 1948 Contents Sections Subject CHAPTER I PRELININARY 1. Short title, extend and commencement 2. Interpretation CHAPTER II DETERMINATION OF STANDARD AREAS AND TREATMENT OF FARGMENTS 3. Determination of Notified Area 4. Settlement of Standard Areas 5. Determination and Settlement of Standard Areas 6. Entry in the Record of Rights 7. Transfer and lease of fragments 8. Fragmentation prohibited 9. Penalty for transfer or partition contrary to provision of Act 10. Valuation of fragment 11. Transfer of fragment 12. Partition of estate assessed to payment of revenue to Government to separation of share thereof 13. State government of local authority not to acquire land so as to leave fragment CHAPTER III CONSOLIDATION HOLDINGS 14. .....

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Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Chapter 4

Title: Effect of Consolidation Proceedings and of Consolidation of Holdings

State: Central

Year: 1947

.....29A was inserted by Bom.Act 69 of 1963, Sec. 11. 2. These words were substituted forthe words and figures "Bom. Tenancy and Agricultural Lands Act, 1948"by Bom. Act of 61 of 1958 Sec. 3(19). Section 30 - Apportionment of compensation or net value in case of dispute Wherethere is a dispute in respect of the apportionment of - (a)the amount of compensation determined under sub-section (2) of section 16 orsub-section (4) of section 17; 1 [(aa) the amount of compensationdetermined under section 18; 2 [(b)the amount of additionalcompensation or reduction in compensation determined under subsection (4), orthe net value realised or payable under sub-section (6) or (7) of section 21]; (c)the total amount of compensation determined under sub-section (2) of section29, the Consolidation Officer shall refer the dispute to the decision of theDistrict Court and deposit the amount of the compensation or net value, as thecase may be, in the Court and thereupon the provisions of sections 33, 53 and54 of the Land Acquisition Act, 1894,3 [* * *] 4 [* *]shall, so far as may, apply. _______________________ 1. Inserted by Bom. Act 61 of 1958,Sec. 3(20). 2. Subs. by Mah. Act, 19.....

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Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Section 29

Title: Transfer of Encumbrances

State: Central

Year: 1947

.....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 other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the prescribed manner, put any 3[* * *] mortgagee or other encumbrancer entitled to possession into possession of the holding to which his 1[* *] mortgage or other encumbrance has been transferred under subsection (1). __________________ 1. The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1). 2. These words were inserted, by Bom......

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Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Maharashtra) Section 29

Title: Transfer of Encumbrances

State: Maharashtra

Year: 1947

.....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 encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the prescribed manner, put any3[* * *] mortgagee or other encumbrancer entitled to possession into posses sion of the holding to which his1[* *] mortgage or other encumbrance has been transferred under sub section (1). ____________________ 1. The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1). 2. These words were inserted, by Bom......

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