Bare Act Search Results

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 .....

Powers of Attorney Act, 1882 Complete Act

State: Central

Year: 1882

.....as to trustees, executors and administrators making payments under powers, which has been in force in British India for the last fifteen years-See Act 28 of 1866,section 39. The third and last object of the Bill is to provide for the deposit of instruments creating powers of attorney, and for the evidence of the contents of such instruments. The section effecting this is copied (with the modifications necessary to adapt it to India) from 44 and 45 Vict. c. 41,section 48 ."-Gazette of India, 1881, Part V, page 1473. Amending Act 55 of 1982.- The Law Commission in its Sixty -Eighth Report examined the Powers-of-Attorney Act, 1882and while suggesting that because of its archaic form and language it should be replaced by a new enactment, it also suggested certain amendments to the Act. As the amendments do not call for any radical or substantial changes in the Act which had worked smoothly for a century, it is proposed, instead of replacing the Act by a new one, to make the necessary amendments therein. 2. The Act though it deals with powers-of-attorney, does not contain the definition of '''power-of-attorney". It is proposed to remedy this defect by inserting a suitable.....

Trusts Act, 1882 Complete Act

State: Central

Year: 1882

.....known it, or when information of the fact is given to or obtained by his agent, under the circumstances mentioned in the section 229 Indian Contract Act, 1872 (9 of 1872)-, ; and all expressions used herein and defined in the Indian Contract Act, 1872 (expressions defined in Act 9 of 1872), shall be deemed to have the meanings respectively attributed to them by that Act. SECTION 04: LAWFUL PURPOSE. A trust may be created for any lawful purpose. The purpose of a trust is lawful unless it is (a) forbidden by law, or (b) is of such a nature that, if permitted, it would defeat the provisions of any law, or (c) is fraudulent, or (d) involves or implies injury to the person or property of another, or (e) the Court regards it as immoral or opposed to public policy. Every trust of which the purpose is unlawful is void. And where a trust is created for two purposes, of which one is lawful and the other unlawful, and the two purposes, cannot be separated, the whole trust is void. SECTION 05: TRUST OF IMMOVABLE PROPERTY No trust in relation to immoveable property is valid unless declared by a non-testamentary instrument in writing signed by the author of the trust or the.....

Indian Trusts Act, 1882 Chapter IV

Title: Of the Rights and Powers of Trustees

State: Central

Year: 1882

.....the lease, nor without reserving the best yearly rent than can be reasonably obtained. _______________________ 1. Second paragraph repealed by Act 12 of 1891, section 2 and Schedule. I, Pt. I. Section 36 - General authority of trustee In addition to the powers expressly conferred by this Act and by the instrument of trust, and subject to the restriction, if any, contained in such instrument, and to the provisions of section 17, a trustee may do all acts which are reasonable and proper for the realization, protection or benefit of the trust-property, and for the protection or support of a beneficiary who is not competent to contract. 1 [***] Expect with the permission of a principal civil court of original jurisdiction, no trustee shall lease trust-property for a term exceeding twenty-one years from the date of executing the lease, nor without reserving the best yearly rent than can be reasonably obtained. _______________________ 1. Second paragraph repealed by Act 12 of 1891, section 2 and Schedule. I, Pt. I. Section 37 - Power to sell in lots and either by public auction or private contract Where the trustee is empowered to sell any trust-property, he may.....

Indian Easements Act, 1882 Section 45

Title: Extinction by Destruction of Either Heritage

State: Central

Year: 1882

An easement is extinguished when either the dominant or the servient heritage is completely destroyed Illustration A has a right of way over a road running along the foot of a sea-cliff. The road is washed away by a permanent encroachment of the sea. A's easement is extinguished.

INDIAN TRUSTS ACT, 1882 Section 45

Title: Suspension of trustee's powers by decree

State: Central

Year: 1882

Where a decree has been made in a suit for the execution of a trust, the trustee must not exercise any of his powers except inconformity with such decree, or with the sanction of the court by which the decree has been made, or, where an appeal against the decree is pending, of the appellate court.

Presidency Small Cause Courts Act, 1882 Section 45

Title: Applicant, if Entitled to Possession, Not to Be Deemed Trespasser for Any Error in Proceedings.occupant May Sue for Compensation

State: Central

Year: 1882

When the applicant, at the time of applying for any such order as aforesaid, was entitled to the possession of such property, neither he nor any person acting in his behalf shall be deemed, on account of any error, defect or irregularity in the mode of proceeding to obtain possession there under, to be a trespasser; but any person aggrieved may bring a suit for the recovery of compensation for any damage which he has sustained by reason of such error, defect or irregularity: when no such damage is proved, the suit shall be dismissed; and when such damage is proved but the amount of the compensation assessed by the Court does not exceed ten rupees, the Court shall award to the plaintiff no more costs than compensation, unless the Judge who tries the case certifies that in his opinion full costs should be awarded to the plaintiff.

Transfer of Property Act, 1882 Section 45

Title: Joint Transfer for Consideration

State: Central

Year: 1882

Where immoveable property is transferred for consideration to two or more persons and such consideration is paid out of a fund belonging to them in common, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property identical, as nearly as may be, with the interests to which they were respectively entitled in the fund; and, where such consideration is paid out of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interests in such property in proportion to the shares of the consideration which they respectively advanced. In the absence of evidence as to the interests in the fund to which they were respectively entitled, or as to the shares which they respectively advanced, such persons shall be presumed to be equally interested in the property.

INDIAN TRUSTS ACT, 1882 Section 26

Title: Non-liability for co-trustee's defaults

State: Central

Year: 1882

Subject to the provisions of sections 13 and 15, one trustee is not, as such, liable for a breach of trust committed by his co-trustee: Provided that, in the absence of an express declaration to the, contrary in the instrument of trust, a trustee is so liable-- (a) where he has delivered trust-properly to his co-trustee without seeing to its proper application; (b) where he allows his co-trustee to receive trust-properly and fails to make due enquiry as to the co-trustee's dealings therewith, or allows him to retain it longer than the circumstances of the case reasonably require; (c) where he becomes aware of a breach of trust committed or intended by his co-trustee, and either actively conceals it or does not within a reasonable time lake proper steps to protect the beneficiary's interest. Joining in receipt for conformity A co-trustee who joins in signing a receipt for trust-property and proves that he has not received the same is not answerable, by reason of such signature only, for loss or mis-application of the property by his co-trustee. Illustration A bequeaths certain property to B and C, and directs them to sell it and invest the proceeds for the benefit.....