Real Property Act, 1845
Legal definition for Indian law research
Definition
Real Property Act, 1845 (English) (8 & 9 Vict. c. 106), repealed and substantially re-enacted and extended by ss. 4, 51, 52, 56, 59, 138 and 168 of the Law of Property Act, 1925. The main provisions of the Act of 1845 affect all titles after 1845; prior to 1926, they included:
Partitions or exchanges of freehold land, leases required by law to be in writing, i.e., leases for three years or more (see FRAUD), and all assignments and surrenders of leases must be by deed.
A contingent executory and future interest in land and a possibility coupled with an interest in land, and a right of entry whether immediate, future, vested, or contingent, may be disposed of by deed.
When the reversion on a lease is gone by surrender or merger, the next estate is to be deemed the reversion--(so that if, e.g., A. in 1900 let land to B. for fourteen years and B. in 1903 surrender, after having sub-let to C. till the end of 1905, C. will become tenant to A. till the end of 1905, notwithstanding B.'s surrender)--the statute being in affirmance of the common law as laid down in Co. Litt. 338 b, and Doe v. Puke, (1816) 5 M&S 154.
Partitions or exchanges of freehold land, leases required by law to be in writing, i.e., leases for three years or more (see FRAUD), and all assignments and surrenders of leases must be by deed.
A contingent executory and future interest in land and a possibility coupled with an interest in land, and a right of entry whether immediate, future, vested, or contingent, may be disposed of by deed.
When the reversion on a lease is gone by surrender or merger, the next estate is to be deemed the reversion--(so that if, e.g., A. in 1900 let land to B. for fourteen years and B. in 1903 surrender, after having sub-let to C. till the end of 1905, C. will become tenant to A. till the end of 1905, notwithstanding B.'s surrender)--the statute being in affirmance of the common law as laid down in Co. Litt. 338 b, and Doe v. Puke, (1816) 5 M&S 154.
Definitions are for legal research. Always verify meaning in the context of the statute, judgment, or jurisdiction cited.