페이지 이미지
PDF
ePub
[ocr errors]
[merged small][ocr errors][merged small][merged small]

.

Procedure in case of payment of amount due
Order absolute for foreclosure.
Power to enlarge time
Decree for sale
Power to decree sale in foreclosure-suit
Procedure when defendant pays amount due .
Order absolute for sale.
Recovery of balance due on mortgage

REDEMPTION.
Who may sue for redemption .
Decree in redemption-suit
In case of redemption, possession
In default, foreclosure or sale
Power to enlarge time
Costs of mortgagee subsequent to decree
Charge of one of several co-mortgagors who redeems

SALE OF PROPERTY SUBJECT TO PRIOR MORTGAGE.
Sale of property subject to prior mortgage
Application of proceeds .

ANOMALOUS MORTGAGES,
Mortgage not described in section 58, clauses (b), (c), (d), and (e).

ATTACHMENT OF MORTGAGED PROPERTY.
Attachment of mortgaged property

CHARGES.
Charges
Extinguishment of charges

NOTICE AND TENDER.
Service or tender on or to agent
Notice &c. to or by person incompetent to contract.
Power to make rules

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors]
[ocr errors]
[ocr errors][merged small]

CHAPTER V.

OF LEASES OF IMMOVEABLE PROPERTY.

.

.

Lease defined.
Lessor, lessee, premium and rent defined
Duration of certain leases in absence of written contract or local usage
Leases how made
Rights and liabilities of lessor and lessee
Rights of lessor's transferee
Exclusion of day on which term commences
Duration of lease for a year
Option to determine lease
Determination of lease
Waiver of forfeiture
Waiver of notice to quit
Relief against forfeiture for non-payment of rent

105

ib. 106 107 108 109 IIO ib. ib.

.

III

II2

113 114

[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
[merged small][ocr errors]

OF TRANSFERS OF ACTIONABLE CLAIMS.
Actionable claim
Transfer of debts
Notice to be in writing signed
Debtor to give effect to transfer
Warranty of solvency of debtor
Discharge of person against whom claim is sold
Incapacity of officers connected with Courts of justice
Liability of transferee of debt
Mortgaged debt
Saving of negotiable instruments
THE SCHEDULE-ENACTMENTS REPEALED.

134 135 136 137 138 139

[ocr errors]

.

ACT No. IV OF 1882.

PASSED BY THE GOVERNOR GENERAL OF

INDIA IN COUNCIL.

(Received the assent of the Governor General on the 17th February,

1882.)

An Act to amend the law relating to the Transfer

of Property by act of Parties.

WHEREAS it is expedient to define and amend certain parts Preamble. of the law relating to the transfer of property by act of parties?; It is hereby enacted as follows:

CHAPTER I.

PRELIMINARY,

1. This Act may be called “The Transfer of Property Act, Short title.

1882';

Commencement. Extent.

It shall come into force on the first day of July, 1882;
It extends in the first instance to the whole of British
India except the territories respectively administered by the
Governor of Bombay in Council, the Lieutenant-Governor of
the Panjáb, and the Chief Commissioner of British Burma.
But

any of the said Local Governments may, from time to time, by notification in the local official Gazette, extend this Act to the whole or any specified part of the territories under its administration ?

infra, sec. 2, c. (d).

As to transfer by act of law, see * That such a provision is valid see

Empress v. Burah, 4 Cal. 172, 182, per
Lord Selborne.

Power to And any Local Government may, with the previous sancexempt.

tion of the Governor General in Council, from time to time, by notification in the local official Gazette, exempt, either retrospectively or prospectively, any part of the territories administered by such Local Government, from all or any of the following provisions, namely, sections 54, paragraphs two and three, 59, 107, and 123?.

Notwithstanding anything in the foregoing part of this section, sections 54, paragraphs two and three, 59, 107 and 123 shall not extend or be extended to any district or tract of country for the time being excluded from the operation of the Indian Registration Act, 1877, under the power conferred

by the first section of that Act or otherwise ?. Repeal of 2. In the territories to which this Act extends for the Acts.

time being the enactments specified in the schedule hereto annexed shall be repealed to the extent therein mentioned.

But nothing herein contained shall be deemed to affect 3 _ Saving of (a) the provisions of any enactment not hereby expressly certain enactments,

repealed 4 : incidents, () any terms or incidents of any contract or constitution rights, liabilities, &c. of property which are consistent with the provisions of this

.
Act, and are allowed by the law for the time being in force:

(c) any right or liability arising out of a legal relation constituted before this Act comes into force 5, or any relief in respect of any such right or liability 6: or

(d) save as provided by section 57 and chapter IV of this

1 This clause is here printed as amended by Act III of 1885, sec. I.

? This clause was added by the same Act, sec, 2.

8 i. e. in malam partem.

4 The effect of this is to maintain intact the statutory force which the Indian legislature had given to local usage in the Panjáb (Act IV of 1872, sec. 7) and Oudh (Act XVIII of 1876, secs. 4, 8). Local usages are saved also by secs. 36, 98, 106, 108, infra.

5 Such' as, for instance, a right of pre-emption, 4 Ben. A. C. 219: the right of the holder of a decree authorising the sale of property hypothecated to him, 12 Cal. 437 : the right to relief against a penal clause in a

lease, 6 Mad. 330. See too & All. 401.

* This, of course, does not save the procedure in foreclosure which existed (under Ben. Reg. XVII of 1806, secs. 7,8) when the mortgage was made, 6 All. 262, followed in 12 Cal. 583. 'No one has a vested right in any particular form of procedure,' per James L.J., Warner v. Murdock, L. R., 4 Ch. Dir. 752. But the words any relief in respect of any such right or liability' preserve to a bai-bil-rafa mortgagor the right which he had under Ben. Reg. XVII of 1806 to pay off the mortgagemoney, and thus prevent the mortgage being foreclosed, within one year from the date of notice, 11 Cal. 587; and see 12 Cal. 436; 8 All. 403, 405.

a

able pro

:

[ocr errors]

Act, any transfer by operation of law or by, or in execution of, a decree or order of a Court of competent jurisdiction 1 :

And nothing in the second chapter of this Act shall be deemed to affect any rule of Hindu, Muhammadan or Buddhist law?. 3. In this Act, unless there is something repugnant in the Interpre

tationsubject or context,

clause. 'immoveable property' does not include standing timber, 'immovegrowing crops or grass :

perty': instrument' means a non-testamentary instrument: instru

registered' means registered in British India under the ment': law for the time being in force regulating the registration of tered':

'regisdocuments : "attached to the earth ' means

"attached

to the (a) rooted in the earth, as in the case of trees and shrubs;

earth': (b) imbedded in the earth, as in the case of walls or buildings; or

(c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached :

and a person is said to have notice of a fact when he' notice': actually knows that fact, or when, but for wilful abstention from an inquiry or search 3 which he ought to have made, or gross negligence, he would have known it, or when information of the fact is given to or obtained by his agent under the circumstances mentioned in the Indian Contract Act, 1872, section 2294

4. The chapters and sections of this Act which relate to con- Enacttracts shall be taken as part of the Indian Contract Act, 1872. lating to And sections 54, paragraphs two and three, 59, 107, and contracts

to be taken 123 shall be read as supplemental to the Indian Registration as part of

Act IX of Act, 1877 5.

1872. 1 2 Bom. 541. That a decree for sec. 14. It leaves untouched the despecific performance of a contract for cisions of the Judicial Committee in the sale of immoveable property, 8 Moo. I. A. 66 and the Tagore Case, coupled with the payment of the pur. 9 Ben. 377, and of the Indian Courts chase-money, is enough to transfer the in

7 Cal, 269 and 2 Ben. 0. C. J. II. ownership to the vendee, see 5 Bom. s in a book or index kept under 559-360.

the Registration Act. ? This saves the rule that Native 4 i.e. in the course of the business religious endowments cannot be trans- transacted by him for the principal. ferred. It also exempts settlements See more as to notice 11 Ben., P.C., 54. made by Natives from the statutory 3 This clause was added by Act III rule against perpetuities contained in of 1885, sec. 3.

ments re

« 이전계속 »