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Home Bare Acts Phrase: property interestTransfer of Property Act, 1882 Chapter IV
Title: Of Mortgages of Immovable Property and Charges
State: Central
Year: 1882
.....of the receiverwas valid or not. (6) The receiver shall be entitledto retain out of any money received by him, for his remuneration, and insatisfaction of all costs, charges and expenses incurred by him as receiver, acommission at such rate not exceeding five per cent, on the gross amount of allmoney received as is specified in his appointment, and, if no rate is sospecified, then at the rate of five per cent. on that gross amount, or at suchother rate as the Court thinks fit to allow, on application made by him for thatpurpose. (7) The receiver shall, if sodirected in writing by the mortgagee, insure to the extent, if any, to which themortgagee might have insured, and keep insured against loss or damage by fire,out of the money received by him, the mortgaged property or any part thereofbeing of an insurable nature. (8) Subject to the provisions ofthis Act as to the application of insurance money, the receiver shall apply allmoney received by him as follows, namely. - (i) in discharge of all rents,taxes, land revenue., rates and outgoings whatever affecting the mortgagedproperty; (ii) in keeping down all annualsums or other payments, and the interest on all principal.....
View Complete Act List Judgments citing this sectionEvacuee Interest Separation Act 1951 [Repealed] Chapter II
Title: Separation of Evacuee Interest in Composite Property
State: Central
Year: 1951
.....or the claimant the amount payable under the mortgage debt and redeem the mortgaged property; or (ii) sell the mortgaged property for satisfaction of the mortgage debt and distribute the sale proceeds thereof; or (iii) partition the property between the mortgagor and the mortgagee having regard to the share to which the mortgagee would be entitled in lieu of his claim; (c) adopt a combination of all or some of the aforesaid measures: Provided that before taking any measure under this section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub-section (2) of section 7; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt. Section 11 - Vesting of evacuee interest in the Custodian free from encumberances and payments, etc., to be valid discharge from all claims (1) Where in respect of any property, notice under section 6 is issued but no claim is filed or found to exist or where any claim in respect of such property is found to exist and the competent officer separates the evacuee interest.....
View Complete Act List Judgments citing this sectionTransfer 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.....
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Chapter V
Title: Of Leases of Immoveable Property
State: Central
Year: 1882
.....or local usage (1)In the absence of a contract or local law or usage to the contrary, a lease ofimmovable property for agricultural or manufacturing purposes shall be deemed tobe a lease from year to year, terminable, on the part of either lessor orlessee, by six months' notice; and a lease of immovable property for any otherpurpose shall be deemed to be a lease from month to month, terminable, on thepart of either lessor or lessee, by fifteen days' notice. (2)Notwithstanding anything contained in any other law for the time being in force,the period mentioned in sub-section (1) shall commence from the date of receiptof notice. (3)A notice under sub-section (1) shall not be deemed to be invalid merely becausethe period mentioned therein falls short of the period specified under thatsub-section, where a suit or proceeding is filed after the expiry of the periodmentioned in that sub-section. (4)Every notice under sub-section (1) must be in writing, signed by or on behalf ofthe person giving it, and either be sent by post to the party who is intended tobe bound by it or be tendered or delivered personally to such party, or to oneof his family or servants at his.....
View Complete Act List Judgments citing this sectionTransfer 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.....
List Judgments citing this sectionAdministration of Evacuee Property Act, 1950 [Repealed] Chapter II
Title: Evacuee Property and Vesting Thereof in the Custodian
State: Central
Year: 1950
.....for the purposes of securing, administering, preserving and managing any evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this Act and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the Custodian may for any of the purposes aforesaid, (a) carry on the business of the evacuee. (b) appoint a manager for the property of the evacuee or for carrying on any business or undertaking of the evacuee and authorise the manager to exercise any of the powers of the Custodian under this section; (c) enter, or authorise any other person to enter, any land or premises to inspect any evacuee property; (d) take all such measures as may be necessary to keep any evacuee property in good repair; (e) complete any building which has vested in him and which requires to be completed; 1[(f),(g), (h)********] (i) take such action as may be necessary for the recovery of any debt due to the evacuee; (j) institute, defend or continue any legal.....
View Complete Act List Judgments citing this sectionElectricity Act, 2003 Section 131
Title: Vesting of Property of Board in State Government
State: Central
Year: 2003
.....rights and liabilities which have been vested in the transferor under this section, and publish such scheme as statutory transfer scheme under this Act. (5) A transfer scheme under this section may-- (a) provide for the formation of subsidiaries, joint venture companies or other schemes of division, amalgamation, merger, reconstruction or arrangements which shall promote the profitability and viability of the resulting entity, ensure economic efficiency, encourage competition and protect consumer interests; (b) define the property, interest in property, rights and liabilities to be allocated-- (i) by specifying or describing the property, rights and liabilities in question; or (ii) by referring to all the property, interest in property, rights and liabilities comprised in a described part of the transferor's undertaking; or (iii) partly in one way and partly in the other; (c) provide that any rights or liabilities stipulated or described in the scheme shall be enforceable by or against the transferor or the transferee; (d) impose on the transferor an obligation to enter into such written agreements with or execute such other instruments in favour of any other.....
View Complete Act List Judgments citing this sectionKARNATAKA ELECTRICITY REFORM ACT, 1999 Part V
Title: REORGANISATION OF THE KARNATAKA ELECTRICITY BOARD AND THE TRANSFER OF BOARD'S FUNCTIONS, TRANSFER OF PROPERTIES, LIABILITIES ETC.
State: Karnataka
Year: 1999
.....14 and such transfers shall be effective in the same manner as in the case of transfers under section 14. Explanation.--For the purposes of this section and section 16, the term "personnel" shall mean all persons who, on the effective date of the transfer, are the employees of the Board or the KPTC, as the case may be. (2) Upon such transfer scheme, the personnel shall hold office or service under the KPTC or generating company or companies or the transferee company on terms and conditions that may be determined, in accordance with the transfer scheme: Provided that such terms and conditions on the transfer shall not in any way be less favourable than those which would have been applicable to them before the relevant transfer scheme and the continuity of service of the personnel shall be maintained: Provided further that any such scheme under sub-sections (1) and (2) shall be consistent with the tripartite agreements entered into between the State Government, Board or KPTC as the case may be and the employees. (3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or any other law as is applicable and except for the provisions made in this Act,.....
View Complete Act List Judgments citing this sectionSecuritisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Chapter III
Title: Enforcement of Security Interest
State: Central
Year: 2002
.....security are in accordance with the provisions of this Act and the rules made thereunder. (3) If, the Debts Recovery Tribunal, after examining the facts and circumstances of the case and evidence produced by the parties, comes to the conclusion that any of the measures referred to in sub-section (4) of section 13, taken by the secured creditor are not in accordance with the provisions of this Act and the rules made thereunder, and require restoration of the management of the business of the borrower or restoration of possession of the secured assets to the borrower, it may by order, declare the recourse to any one or more measures referred to in sub-section (4) of section 13 taken by the secured creditors as invalid and restore the possession of the secured assets to the borrower or restore the management of the business to the borrower, as the case may be, and pass such order as it may consider appropriate and necessary in relation to any of the recourse taken by the secured creditor under sub-section (4) of section 13. (4) If, the Debts Recovery Tribunal declares the recourse taken by a secured creditor under sub-section (4) of section 13, is in accordance with the.....
View Complete Act List Judgments citing this sectionEvacuee Interest Separation Act 1951 [Repealed] Section 10
Title: Separation of the Interests of Evacuees from Those of Claimants in Composite Property
State: Central
Year: 1951
.....the shares allotted to the evacuee and the claimant to the Custodian and the claimant respectively; (b) in the case of any claim of a mortgagor or a mortgagee,-- (i) pay to the Custodian or the claimant the amount payable under the mortgage debt and redeem the mortgaged property; or (ii) sell the mortgaged property for satisfaction of the mortgage debt and distribute the sale proceeds thereof; or (iii) partition the property between the mortgagor and the mortgagee having regard to the share to which the mortgagee would be entitled in lieu of his claim; (c) adopt a combination of all or some of the aforesaid measures: Provided that before taking any measure under this section, the competent officer shall take into account the order of preference filed by the claimant under clause (f) of sub-section (2) of section 7; and in any case where the claimant is a mortgagor and tenders the amount due, the competent officer shall accept the same in full satisfaction of the mortgage debt.
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