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Start Free TrialTransfer 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 sectionBanking Companies (Acquisition and Transfer of Undertakings) Act, 1970 Section 10B
Title: Transfer of Unpaid or Unclaimed Dividend to Unpaid Dividend Account
State: Central
Year: 1970
.....six months from such commencement, transfer such unpaid amount to the account referred to in sub-section (1). (3) Any money transferred to the Unpaid Dividend Account of a corresponding new bank in pursuance of this section which remains unpaid or unclaimed for a period of seven years from the date of such transfer, shall be transferred by the corresponding new bank to the Investor Education and Protection Fund established under sub-section (1) of section 205C of the Companies Act, 1956. (4) The money transferred under sub-section (3) to the Investor Education and Protection Fund shall be utilised for the purposes and in the manner specified in section 205C of the Companies Act, 1956.] ___________________________________________ 1. Inserted by the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006, w.e.f. 16.10.2006.
View Complete Act List Judgments citing this sectionBanking Companies (Acquisition and Transfer of Undertakings) Act, 1980 Section 10B
Title: Transfer of Unpaid or Unclaimed Dividend to Unpaid Dividend Account
State: Central
Year: 1980
.....transfer such unpaid amount to the account referred to in sub-section (1). (3) Any money transferred to the Unpaid Dividend Account of a corresponding new bank in pursuance of this section which remains Unpaid or unclaimed for a period of seven years from the date of such transfer, shall be transferred by the corresponding new bank to the Investor Education and Protection Fund established under sub-section (1) of section 205C of the Companies Act, 1956(1 of 1956). (4) The money transferred under sub-section (3) to the Investor Education and Protection Fund shall be utilised for the purposes and in the manner specified in section 205C of the Companies Act,1956(1 of 1956).] ________________________________________________________________ 1. Inserted by the Banking Companies (Acquisition and Transfer of Undertakings) and Financial Institutions Laws (Amendment) Act, 2006 w.e.f. 16.10.2006.
View Complete Act List Judgments citing this sectionTransfer 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.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 130
Title: Transfer of Actionable Claim
State: Central
Year: 1882
.....the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed section 131, pays B. The payment is valid, and C cannot sue A for the debt. (ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A's executor, subject to the proviso in sub-section (1) of section 130 and to the provisions of section 132. _____________________ 1. Inserted by Act 20 of 1929, Section 62 2. The words and figures "and notwithstanding anything contained in Section 123" Inserted by Act 38 of 1925, Section 2, omitted by Act 20 of 1929, Section 62. 3. Added by Act 4 of 1938, Section 121 (w.e.f. 1-7-1939).
View Complete Act List Judgments citing this sectionBihar and West Bengal (Transfer of Territories) Act, 1956 Section 17
Title: Extension of Jurisdiction Of, and Transfer of Proceedings To, Calcutta High Court
State: Central
Year: 1956
.....entertained by the High Court at Patna, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Calcutta, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly. (4) Any order made by the High Court at Patna-- (a) before the appointed day in any proceedings transferred to the High Court at Calcutta by virtue of sub-section (2) or (b) in any proceedings with respect to which the High Court at Patna retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect, not only as an order of the High Court at Patna, but also as an order made by the High Court at Calcutta.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 8
Title: Operation of Transfer
State: Central
Year: 1882
Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof. Such incidents include, where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth; and, where the property is machinery attached to the earth, the moveable parts thereof; and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows, and all other things provided for permanent use therewith; and, where the property is a debt or other actionable claim, the securities therefor (except where they are also for other debts or claims not transferred to the transferee), but not arrears of interest accrued before the transfer; and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 25
Title: Conditional Transfer
State: Central
Year: 1882
An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court regards it as immoral or opposed to public policy. Illustration (a) A lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void. (b) A gives Rs. 500 to B on condition that he shall marry A's daughter C. At the date of the transfer C was dead. The transfer is void. (c) A transfers Rs. 500 to B on condition that she shall murder C. The transfer is void. (d) A transfers Rs. 500 to his niece C, if she will desert her husband. The transfer is void.
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 27
Title: Conditional Transfer to One Person Coupled with Transfer to Another on Failure of Prior Disposition
State: Central
Year: 1882
Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor. But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposition fails in that manner. Illustrations (a) A transfers Rs. 500 to B on condition that he shall execute a certain lease within three months after A's death, and, if he should neglect to do so, to C. B dies in A's life-time. The disposition in favour of C takes effect. (b) A transfers property to his wife; but, in case she should die in his life-time, transfers to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died.....
View Complete Act List Judgments citing this sectionTransfer of Property Act, 1882 Section 42
Title: Transfer by Person Having Authority to Revoke Former Transfer
State: Central
Year: 1882
Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocation of the former transfer to the extent of the power. Illustration A lets a house to B, and reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of it detrimental to its value. Afterwards a, thinking that such a use has been made, lets the house to C. This operates as a revocation of B's lease subject to the opinion of the surveyor as to B's use of the house having been detrimental to its value.
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