TRANSFER OF PROPERTY ACT 1882 PDF
Short title, Commencement, Extent. This Act may be called the Transfer of Property Act, It shall come into force on the first day of July. This Act or any. THE TRANSFER OF PROPERTY ACT, (ACT NO. IV OF ). [17th February, ]. 2 An Act to amend the law relating to the Transfer of Property by Act. Full text containing the act, Transfer of Property Act, , with all the sections, schedules, short title, enactment date, and footnotes.
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Preamble1 - TRANSFER OF PROPERTY ACT, Chapter 1. Section1 - Short title. Section2 - Repeal of Acts-Saving of certain enactments, incidents, rights. THE TRANSFER OF PROPERTY ACT PAKISTAN study notes on transfer of property act pdf transfer of property act llb notes pdf notes on transfer of. Gift under Transfer of Property Act, Md. Omar Faruk* Definition: Section of T.P. Act defines a gift. 'It is the transfer of certain existing movable or.
Ownership and possession: lease is different from a sale.
In lease there is only a transfer of possession to the lessee whereas the ownership is still remained to the lessor. Acceptance: A property which is granted in a lease must be accepted by the lessee on the terms and conditions which are agreed between the parties.
Consideration: A lease must be made of consideration which may be in the form of premium or rent. It can be rent with premium or rent alone or premium alone. Certain period or in perpetuity: In a lease the right to enjoy the property is given for a certain period or in perpetuity. However, generally the time period is mentioned in the agreement.
Right to enjoy the property: In a lease, right to enjoy the property is transferred. A lessee having a right to enjoy the property at certain period of time but he does have right to further transferred that property because in lease merely possession is transferred not the ownership.
Transfer of Property Act 1882
Q4- What can be the duration of a certain lease, if there is an absence of written contract or local usage? According to section of TPA, , if there is an absence of a written contract or a local usage to the contrary then in the case, a lease of immovable property for manufacturing and agriculture purpose will be valid till the time until it was terminated by either of the party, by six months notice and if there is a lease any other purpose except agriculture or manufacturing then it will be terminated by 15 days notice.
Q5- What are the rights and liabilities of lessor mentioned under section of TPA, ? Rights of the lessor are: A lessor will have a right recover its rent from the property which is leased by him.
If there is a damaged to the property which is leased, then the lessor having a right to recover the amount of damages from the lessee. On the termination of the contract of the lease, the lessor having a right to take back his possession from the lessee.
Which of the following statements is true regarding the definition of rent of lease as given under the Transfer of Property Act, ?
The rent must be in form of money and not in kind B. The rent can be in form of money or service but not in kind C. The rent can be in money or in kind D.
The rent cannot be in form of money Ans. C Which of the following statements is true regarding transfer of actionable claims under the provisions of the Transfer of Property Act, ? The transferee of an actionable claims steps into the shoes of the transferor for all purposes B.
The transfer of an actionable claim for the purpose of gift, can be done by delivery of the instrument and oral statement to the effect.
A Which of the following statements is true under the provisions of the Transfer of Property Act, ? Prepaid rent is regarded as rent B. The foundation of the doctrine of election is that a person taking the benefit of an instrument need not bear the burden C. Election is a breach of the general rule that no one may approbate and reprobate D.
The doctrine of election is based on intention to this extent that the law presumes that the author of an instrument intended to give effect to every part of it Ans. Which of the following statements will apply in case a landlord in a suit for ejectment of tenant, obtains a decree for ejectment?
A notice would need to be given under section of the Transfer of Property Act, B.
Transfer of Property Act, 1882
Even when a person is mentally competent, but physically unable to sign any contract, the property lawyer hired by him, can do that with the help of a power of attorney. According to Section 6 of the Transfer of Property Act, the property of any kind may be transferred. The person insisting non-transferability must prove the existence of some law or custom which restricts the right of transfer. Unless there is some legal restriction preventing the transfer, the owner of the property may transfer it.
However, in some cases, there may be a transfer of property by an unauthorized person who subsequently acquires an interest in such property.
In case the property is transferred subject to the condition which absolutely restrains the transferee from parting with or disposing of his interest in the property, the condition is void. The only exception is in the case of a lease where the condition is for the benefit of the lessor or those claiming under him.
Generally, only the person having interest in the property is authorized to transfer his interest in the property and can pass on the proper title to any other person.
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The rights of the transferees will not be adversely affected, provided: There must be a representation by the transferor that he has authority to transfer the immovable property.
The representation should be either fraudulent or erroneous. The transferee must act on the representation in good faith. The transfer should be done for a consideration. The transferor should subsequently acquire some interest in the property he had agreed to transfer.
The transferee may have the option to acquire the interest which the transferor subsequently acquires. There are 18 other statutes that are primarily concerned with Property Law, or significantly matter to Property Law, as listed below:We cannot thus assume that they were well versed in one aspect and not in the other.
Unless there is some legal restriction preventing the transfer, the owner of the property may transfer it. The rent can be in form of money or service but not in kind C.
The joint tenants must have undivided interests in the whole property, not divided interests in separate parts 3 Unity of title.
The person insisting non-transferability must prove the existence of some law or custom which restricts the right of transfer. Section34 - Transfer conditional on performance of act, time being specified.
Section18 - Transfer in perpetuity for benefit of public. If donee dies before acceptance, the gift is void.
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