Bare Act Search Results

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 58

Title: Mortgage, Mortgagor, Mortgagee, Mortgage-money and Mortgage-deed Defined

State: Central

Year: 1882

.....by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage.] ________________________ 1. Inserted by Act 20 of 1929, Section 19. 2. Substituted by Act 20 Section 19, for "and to appropriate them". 3. Substituted by Act 20 1929 Section 19, for "and". 4. Added by Act 20 of 1929, Section 19. 5. Substituted by the A.O. 1948, for "Bombay and Karachi". The word "and" had been Inserted by the A.O. 1937. 6. The words " Rangoon, Moulmein, Bassein and Akyab" omitted by the A.O. 1937. 7. For notifications relating to the towns of-Ahmedabad, see Gazette of India, 1935, Pt. I, p. 936, Bandra, Kurla and Ghatkoper Kirol, see Gazette of India, 1924, Pt. I, p.1064,Cawnpore, Allahabad and Lucknow, see Gazette of India, 1938, Pt. I, p.158. Coimbatore, Madura, Cocanada and Cochin, see Gazette of India, 1935, Pt. I, p. 526. 8. The words "Governor General in Council." successively amended by the A.O. 1937 and the A.O. 1950 to read as above.

Code of Civil Procedure, 1908 Rule 1 to 15

Title: Suits Relating to Mortgages of Immovable Property

State: Central

Year: 1908

.....of 1929, section 4, for rule 7. 8. Inserted by Act 21 of 1929, section 5. 9. Substituted by Act 104 of 1976, section 82(ii)(b), for "on application by him" (w.e.f. 1-2-1977). 10. Substituted by Act 21 of 1929, section 6, for rules 10. 11. Added by Act 104 of 1976, section 82(iii) (w.e.f. 1-2-1977). 12. Inserted by Act 104 of 1976, section 82(iv) (w.e.f. 1-2-1977). 12a. Inserted by Act of 1976, section 82(v) (w.e.f. 1-2-1977). 13. Substituted by Act 21 of 1929, section 6, for rule 11. 14. Sub-clause (ii) omitted by Act 66 of 1956, section 14 (w.e.f. 1-1-1957). 15. Substituted by Act 66 of 1956, section 14, for certain words (w.e.f. 1-1-1957). 16. Substituted by Act 66 of 1956, section 14 for clause (b) (w.e.f. 1-1-1957). 17. Substituted by Act 21 of 1929, section 7, for rule 15. 18. Rule 15 Renumbered as sub-rule (1) of that rule by Act 104 of 1976, section 82(v) (w.e.f. 1-2-1977).

Transfer of Property Act, 1882 Section 98

Title: Anomalous Mortgage: Rights and Liabilities of Parties to Anomalous Mortgage

State: Central

Year: 1882

In the case of1[an anomalous mortgage] the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, so far as such contract does not extend, by local usage. ________________________ 1. Substituted by Act 20 of 1929, Section 49, for "a mortgage, not being a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage or an English mortgage or a combination of the first and third, or the second and third, of such forms".

Transfer of Property Act, 1882 Section 59

Title: Mortgage when to Be by Assurance

State: Central

Year: 1882

1 59. Mortgage when to be by assurance Where the principal money secured is one hundred rupees or upwards, a mortgage 2 [other than a mortgage by deposit of title-deeds] can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by 3 [a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property. 4 [* * *] _______________________ 1. As to limitation to the territorial operation of section 59, see section 1, supra Section 59, extends to every cantonment--see section 287 of the Cantonments Act, 1924 (2 of 1924) 2. Inserted by Act 20 of 1929, section 20. 3. Substituted by Act 6 of 1904, section 3, for "an instrument". 4. The third paragraph was omitted by Act 20 of 1929, section 20.

Transfer of Property Act, 1882 Section 96

Title: Mortgage by Deposit of Title-deeds

State: Central

Year: 1882

The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds.]

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.....

West Bengal Land Reforms Act, 1955 Complete Act

State: West Bengal

Year: 1955

.....of his own interest therein, but does not include the right of the bargadar to cultivate the land of the holding; 1010. Clause (7) subs. by W.B. Act Act 50 of 1981, which was earlier as under: "(7) "land" means agricultural land other than land comprised in a tea- garden which is retained under sub-section (3) of section 6 of the West Bengal Estates Acquisition Act, 1953, and includes home-steads but does not include tank. Explanation: "Homestead" shall have the same meaning as in the West Bengal Estates Acquisition Act, 1953.'. (7) "land" means land of every description and includes tank, tank-fishery, fishery, homestead, or land used for the purpose of livestock breeding, poultry farming, dairy or land comprised in tea garden, mill, factory, workshop, orchard, hat, bazar, ferries, tolls or land having any other sairati interests and any other land together with all interests, and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth; (8) "Personal cultivation" means cultivation by a person of his own land on his own account (a) by his own labour, or (b) by the labour of any member of his family, or (c) by.....

THE KERALA AGRICULTURISTS' DEBTRELIF ACT, 1970 [1] Complete Act

State: Kerala

Year: 1970

THE KERALA AGRICULTURISTS' DEBTRELIF ACT, 1970 [1] THE KERALA AGRICULTURISTS' DEBTRELIF ACT, 1970 [1] (ACT 11 Of 1970) An Act to give relief to indebted agriculturists in the State of Kerala Preamble.- WHEREASit is considered necessary to provide for the relief of indebted agiculturists in the State of Kerala; BE it enacted in the Twenty-first Year of the Republic of India as follows:- I. Short title , extent and commencement.- (1) This Act may be called The Kerala Agriculturists' Debt Relief Act, 1970. (2) It extends to the whole of the State of Kerala. (3) It shall come into force at once. 2. Definitions._ In this Act, unless the context otherwise requires _ (1) "agriculturist" means a person who has an interest, other than as a simple mortgagee, in any agricultural or horticultural land in the State of Kerala, and includes- (a) an agricultural labourer; (b) a kudikidappukaran; and (c) a tenant. But does not include-\ (i) any person assessed to sales tax on a turnover which in the aggregate is not less than forty thousand rupees in any two years within the three years immediately preceding the commencement of this Act, under the Kerala General Sales Tax Act, 1963 or.....

Delhi Land Reforms Act, 1954 Complete Act

State: Delhi

Year: 1954

.....purpose or a work of public utility and declared as such by the Chief Commissioner or acquired under the Land Acquisition Act, 1894, or any other enactment other than this Act, relating to acquisition of land for a public purpose. (3) It shall come into force at once. (4) The declaration of the Chief Commissioner under clause (c) of sub-section (2) shall be conclusive evidence that the land is held and occupied for a public purpose or a work of public utility. Section2 Repeal (1) The following Acts, in so far as they apply to areas to which this Act extends, are hereby repealed (i) the Punjab Tenancy Act, 1887, as modified by Punjab Act No. 9 of 1939; (ii) the Agra Tenancy Act, 1901; (iii) the Punjab Tenants (Security of Tenure) Act, 1950. (iv) the Punjab Land Revenue Act, 1887, in so far as its provisions are inconsistent with this Act. (v) the U.P. Land Revenue Act, 1901, in so far as its provisions are inconsistent with this Act, and (vi) so much of any other law or of any rule having the force of law for the time being in force as is inconsistent with the provisions of this Act. Section3 Definition In this Act, unless the context otherwise.....