THE TRANSFER OF PROPERTY ACT, Hindu Succession Act in Hindi - हिन्दू उत्तराधिकार अधिनियम · Hindu Marriage Act PRELIMINARY l. Short title. This Act may be called the Transfer of Property Act, Commencement: It shall come into force on the first day of July, Basanti Lal Babel is a well-known author of several popular and useful books. He has written on diverse subjects. His present work on the Transfer of Property.
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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. bernasungueta.ga - download TRANSFER OF PROPERTY ACT, (DIGLOT) [ENGLISH/ HINDI] [BARE ACT] book online at best prices in India on bernasungueta.ga
Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or the part performance thereof. Following conditions should be complied under Section 53A; There should be a contract for consideration in writing and same should be signed by the transferor; The contract should be for transfer of immovable property and from therein the term necessary to constitute transfer should be certainly ascertained; The transferred should has taken possession of the property and has done something for furtherance of the contract; The transferee should be ready and willing to perform his part of the contract; and In this case even without execution of sale deed, the transferee acquires the right in the property and the transferor cannot claim any right in respect of property under consideration other than the rights expressly provided in the terms of contract.
Note: it an alternative method of transfer of immovable property in case sale deed has not been registered. Section 2 47 v of the Income Tax Act, ; covers within its scope any transaction involving the allowing of the possession of any immovable property to be taken or retained in part performance of a contract of the nature referred to in section 53A of the Transfer of Property Act, Note: All transactions in which possession of immovable property is handed over would not covered under provisions of section 2 47 v.
Only those transactions, which are complied provisions of section 53A, are considered as transfer under 2 47 v.
The main ingredient is the intention of transfer of property in the contract for the consideration. Note: Handing over possession of the property by the transferor to the transferee in part performance of the contract under section 53A of the Transfer of Property Act, in necessary, but transfer should be of legal titles and rights to enjoy the property. The essence of handing over the possession as contemplated in section 53A of Transfer of Property Act, lies not merely in handing over possession but lies in the intention of the transferor to transfer the ownership rights of the property for consideration in favor of transferee.
विधि सीरीज – 4 सम्पत्ति अन्तरण अधिनियम 1882
Transfer in case of Joint Development Agreements; In case of Joint Development Agreement, landowner may hand over possession of land to the developer for development without intention to transfer ownership to the developer in the land , than this transaction is not covered under provisions of Section 53A of the Transfer of Property Act, Thus in case of any Joint Development Arrangement , where possession of the land is given to the developer by the landowner, without giving right of disposal , sale or otherwise does not fall within provisions of Section 53A of the Transfer of Property Act, and hence not a transfer of property within meaning of Section 2 47 v of the Income Tax Act, Dwarka Das Kapadia v.
The court observed that the contract read as a whole indicates that at the time of entering into JDA, there is transfer of complete control over the property in favor of the developer.
Therefore, the date of entering into JDA, in the above decision was considered to be relevant for recognizing the transfer of land by the landowner.
Thus the essence of Section 2 47 v may be considered, when there is transfer of complete control over the asset by the owner to the developer. Mysore Minerals Limited v.
Dayalu Kar. Hussain Lal Puri v.
Transfer of Property Act 1882
ITO  Chand. The concurrent possession of the ownership is possible which gives rights to a limited extent for a limited purpose.
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Central Law Agency's The Transfer of Property Act [Hindi] by Dr. R. K. Sinha
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Babel by B. Babel Edition:The joint tenants must have undivided interests in the whole property, not divided interests in separate parts 3 Unity of title.
In Konchunju Nair v.
What is a dwelling house and Undivided family? According to the law prevailing in some areas, a coparcener of a Hindu Joint Family can alienate his share in the Joint Family Property for consideration.
2. Repeal of Acts.—
The court observed that the contract read as a whole indicates that at the time of entering into JDA, there is transfer of complete control over the property in favor of the developer. Right to make improvements If a co-owner can make out a case that he is entitled to make construction on any part of the joint land, he should be allowed to do so.
Dayabai was survived by appellants 2,3and 4. Legal Competency of a Co-owner to Transfer? Lessor, lessee, premium, and rent are defined under section of TPA,
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