Bare Act Search Results

Transfer of Property Act, 1882 Section 135

Title: Assignment of Rights Under Policy of Insurance Against Fire

State: Central

Year: 1882

1 [135.Assignment of rights under policy of insurance against fire Everyassignee by endorsement or other writing, of a policy of insurance against fire,in whom the property in the subject insured shall be absolutely vested at thedate of the assignment, shall have transferred and vested in him all rights ofsuit as if the contract contained in the policy had been made with himself.] _____________________ 1.Substituted by Act 6 of 1944, Section 3, for the original section.

Transfer of Property Act, 1882 Section 135A

Title: Assignment of Rights Under Policy of Marine Insurance: [Repealed]

State: Central

Year: 1882

1[135A. Assignment of rights under policy of marine insurance [Rep . by the Marine Insurance Act, 1963 (11 of 1963), Section 92, (w.e.f. 1.8.1963)]. ] _____________________ 1.Section 135A was inserted by Act 6 of 1944, Section 4, which now stands repealed.

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.....

Indian Easements Act, 1882 Chapter 5

Title: The Extinction, Suspension and Revival of Easements

State: Central

Year: 1882

.....to B, and lawfully imposes an easement on the land in favour of C in accordance with the provisions of section 10. The land is sold to D in satisfaction of the mortgage-debt. The easement is not thereby extinguished. Section 38 - Extinction by release An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage. An easement may be released as to part only of the servient heritage. Explanation I.--An easement is impliedly released-- (a) where the dominant owner expressly authorises an act of a permanent nature to be done on the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the easement, and such act is done in pursuance of such authority; (b) where any permanent alteration is made in the dominant heritage of such a nature as to show that the dominant owner intended to cease to enjoy the easement in future. Explanation II.--Mere non-user of an easement is not an implied release within the meaning of this section. Illustrations .....

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.....

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.

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 -.....

Transfer of Property Act, 1882 Complete Act

Title: Transfer of Property Act, 1882

State: Central

Year: 1882

.....incidents, rights, liabilities, etc. Section3 - Interpretation-clause Section4 - Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. ChapterII - OF TRANSFERS OF PROPERTY BY ACT OF PARTIES Section5 - Transfer of property defined Section6 - What may be transferred Section7 - Persons competent to transfer Section8 - Operation of transfer Section9 - Oral transfer Section10 - Condition restraining alienation Section11 - Restriction repugnant to interest created Section12 - Condition making interest determinable on insolvency or attempted alienation Section13 - Transfer for benefit of unborn person Section14 - Rule against perpetuity Section15 - Transfer to class some of whom come under sections 13 and 14 Section16 - Transfer to take effect on failure of prior interest Section17 - Direction for accumulation Section18 - Transfer in perpetuity for benefit of public Section19 - Vested interest Section20 - When unborn person acquires vested interest on transfer for his benefit Section21 - Contingent interest Section22 - Transfer to members of a class who attain a particular age Section23 - Transfer.....

Bills of Exchange Act, 1882 Complete Act

State: Central

Year: 1882

.....operates as notice that the agent has but a limited authority to sign, and the principal is only bound by such signature the agent in so signing was acting within the actual limit of his authority. SECTION 26: PERSON SIGNING AS AGENT OR IN REPRESENTATIVE CAPACITY (1) Where a person signs a bill as drawer, endorser or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon ; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability. (2) In determining whether a signature on a bill is that of the principal or that of the agent by whose hand it is written, the construction most favourable to the validity of the instrument shall be adopted. SECTION 27: VALUE DEFINED (1) Valuable consideration for a bill may be constituted by- (a) any consideration sufficient to support a simple contract ; (b) an antecedent debt or liability. Such a debt or liability is deemed valuable consideration whether the bill is payable on demand or at a future time. (2) Where value.....

Transfer of Property Act, 1882 Section 6

Title: What May Be Transferred

State: Central

Year: 1882

.....transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby, or (2) 6 [for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872)] or (3) to a person legally disqualified to be transferee; 7 [(i) Nothing in this section shall be deemed to authorize a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate, under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.] ________________________ 1. Inserted by Act 20 of 1929, Section 6. 2. The words "for compensation for a fraud or for harm illegally caused" omitted by Act 2 of 1900, Section 3. 3. Inserted by Act 35 of 1934, Section 2 and Schedule. 4. Inserted by Act 10 of 1927, Section 2 and Schedule I. 5. The word "Government" successively Substituted by the A.O.1937 and the A.O.1950 to read as above. 6. Substituted by Act 2 of 1900, Section 3, for "for an illegal purpose". 7. Added by Act 3 of 1885, Section 4.