Transfer of Property Act, 1882

Events’. This isn’t always a consolidating Act     , nor does it purport to be a complete code handling the transfer of homes. It best offers with the transfer of immovable property along with sure incorporeal rights by means of one living man or woman to some other dwelling man or woman by means of voluntary acts. It is primarily based at the English law of real property, and lots of its provisions are borrowed from diverse enactments which it repeals and supersedes.

Although the Act applies to the switch of residences among living folks, the ambit of the words ‘living individual’, by means of an modification in 1925, has been enlarged to encompass synthetic or prison character which include a enterprise or an affiliation of individuals. It includes present day in addition to destiny transfer transactions. In this Act, ‘assets’ has been defined in a ordinary feel to intend now not most effective physical gadgets but additionally hobbies comprised therein. It consists of the proper of fairness redemption and a debt secured by means of fees. Actionable claims are also properties of this category.

The Transfer of Property Act especially offers with sure modes of switch of houses via manner of sale, loan, present, change and rent. Sale of immovable houses of the value of 100 taka or greater ought to be effected by way of registered tool. Immovable houses of the value of less than a hundred taka may be transferred either by way of a registered instrument or by using simple delivery of possession. The rights and responsibilities of the shoppers and sellers have been enumerated in phase 55 of the Act. The Act defines mortgage because the transfer of an interest in particular immovable assets for the motive of securing payment of money advanced via manner of mortgage or performance of an engagement which may additionally provide upward thrust to a pecuniary legal responsibility. The Act enumerates six types of mortgages, viz, (i) easy loan, (ii) loan with the aid of conditional sale, (iii) usufructuary mortgage, (iv) English mortgage, (v) mortgage with the aid of deposit of name deed and (vi) anomalous loan. In all mortgages wherein the important money secured is a hundred taka or greater, each loan apart from a mortgage via deposit of title deeds must be registered in addition to effected with at least witnesses.

The Transfer of Property Act is a fashionable regulation coping with the various modes of switch of immovable homes and actionable claims. Any dispute springing up out of this Act comes in the jurisdiction of the civil court. While the transfer of agricultural land become ruled by the bengal tenancy act (now east bengal state acquisition and tenancy act), the switch of both non-agricultural land and homes and premises on such land become regulated via the provisions of the Transfer of Property Act until enactment of separate legislation at the topics. These separate and special statutes are (i) The Non-Agricultural Tenancy Act, 1949 and (ii) The Premises Rent Control Act, 1991. The latter had its foundation within the Bengal House Rent Control Order, 1942. The disputes relating to determination of lease for premises and deposit of rent by using the tenant, repair of rental premises in municipal areas are to be filed with and settled through the Controller (of House Rents) appointed underneath the Premises Rent Control Act, 1991. [Aminul Huq]

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