Bare Act Search Results

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 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.....

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.....

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.....

The Meghalaya Transfer of Land (Regulation) (Amendment) Act, 1978 Complete Act

State: Meghalaya

Year: 1978

..... (2) It shall have the like extent as the principal Act. (3) It shall come into force at once. Amendment of Section 2 (e) of the principal Act. Act I of 1972. 2. In the Meghalaya Transfer of Land (Regulation) Act, 1971 (referred to in this Act as the principal Act), in Section 2, in clause (e) for the word "and" occurring between the words "Rabhas" and "Kacharis" a comma "(,)" shall be substituted and between the words ˜Kacharis' and "resident" the words "and Koobes" shall be inserted. Amendment of Section 3 of the principal Act. 3. In the principal Act, in Section 3,- (A) For the full-stop "(.)" at the end of subsection (1) a colon "(;)" shall be substituted ; (B) The following proviso to sub-section (1) shall be inserted, namely:- "Provided that the Government of Meghalaya, if satisfied may, from time, by notification, prohibit such transfer of land within such area or areas as may be specified in the notification and thereupon the competent authority shall not sanction any such transfer of land under the provision of this Act, within such area or areas." (C) after sub-section (1), the following sub-section shall be inserted, namely:- "(2).....

Companies Act, 1956 Section 108D

Title: Power of Central Government to Direct Companies Not to Give Effect to the Transfer

State: Central

Year: 1956

.....the date of the direction referred to in sub-section (1), the Central Government shall, on the application of the person entitled to get the refund, direct, by order, the refund of such amount and such order may be enforced as if it were a decree made by a Civil Court. (4) The person to whom any share or block of shares stands or stand re-transferred under sub-section (2) shall, on making refund under sub-section (2) or sub-section (3), be eligible to exercise voting or other rights attaching to such share or block of shares.] ________________________ 1 . Inserted by Act 46 of 1977, Section 4 (w.e.f. 24-12-1977) and omitted by Act 30 of 1984, Section 52 (w.e.f. 1-8-1984) and again Inserted by Act 58 of 1991, Section 28 (w.r.e.f. 27-9-1991).

Income Tax Act, 1961 Section 63

Title: "transfer" and "revocable Transfer" Defined

State: Central

Year: 1961

For the purposes of sections 60, 61 and 62 and of this section, - (a) a transfer shall be deemed to be revocable if - (i) it contains any provision for the re-transfer directly or indirectly of the whole or any part of the income or assets to the transferor, or (ii) it, in any way, gives the transferor a right to re-assume power directly or indirectly over the whole or any part of the income or assets; (b) transfer includes any settlement, trust, covenant, agreement or arrangement.

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.

Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005 Section 13

Title: Regulation of Export, Transfer, Retransfer, Transit and Trans-shipment

State: Central

Year: 2005

.....of this Act or any other relevant Act. (2) Any transfer of technology of an item, whose export is prohibited under this Act or any other relevant Act relating to relevant activity shall be prohibited. (3) When any technology is notified under this Act or any other relevant Act, as being subject to transfer controls, the transfer of such technology shall be restricted to the extent notified thereunder. Explanation.--The transfer of technology may take place through either or both of the following modes of transfer, namely:-- (a) by a person or from a place within India to a person or place outside India; (b) by a person or from a place outside India to a person, or a place, which is also outside India (but only where the transfer is by, or within the control of, person, who is a citizen of India, or any person who is a resident in India. (4) The Central Government may notify any item as being subject to the provisions of this Act, whether or not it is covered under any other relevant Act, and when such item is exhibited, sold, supplied or transferred to any foreign entity or a foreigner who is resident, operating, visiting, studying, or conducting research or business.....

Civil Courts Act, 1964 Section 26

Title: Transfer of Proceedings on Vacation of Office by Civil Judge (Senior Division) or Civil Judge (Junior Division)

State: Karnataka

Year: 1964

.....(3) The District Judge may re-transfer to the Court of2[Civil Judge (Senior Division)] or2[Civil Judge (Junior Division)] any proceedings withdrawn or transferred under sub-section (1) to his own or any other court. (4) For the purpose of proceedings which are not pending in the Court of a2[Civil Judge (Senior Division)] or2[Civil Judge (Junior Division)] on the occurrence of an event referred to in sub-section (1), and with respect to which that court has exclusive jurisdiction, the District Judge may exercise all or any of the powers and jurisdiction of that Court.] ______________________ 1 . Section 25 and 26 substituted by Act 81 of 1976 (w.e.f. 1.10.1978). 2 . Substituted by Act 16 of 1996 (w.e.f. 21.9.1996).