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Search Results Judgments > Act:transfer of property

Dec 22 2005

Yashpal Lala Shiv Narain Vs. Allatala Tala Malik Waqf Ajakhan Mus

  • Decided on : 22-Dec-2005

Court : Allahabad

Reported in : AIR2006All115

... 111(g) of the Transfer of Property Act, and therefore, neither Section 112 nor Section 114 of the Transfer of Property Act was attracted to the present case.(2) Section 112 of the Transfer of Property Act as also Section 114 of the Transfer of Property Act are attracted only in case of forfeiture of lease under Section 111(g) of the Transfer of Property Act. Therefore, for ... the Transfer of Property Act to determine the lease or to quit. The present case was not a case under Section 111(g) of the Transfer of Property Act, and therefore, neither Section 112 nor Section 114 of the Transfer of Property Act was attracted to the present case.(2) Section 112 of the Transfer of Property Act as also Section 114 of the Transfer of Property Act ... Transfer of Property Act by service of notice under Section 106 of the Transfer of Property Act to determine the lease or to quit. The present case was not a case under Section 111(g) of the Transfer of Property Act, and therefore, neither Section 112 nor Section 114 of the Transfer of Property Act was attracted to the present case.(2) Section 112 of the Transfer of Property ... Section 112 of the Transfer of Property Act as also Section 114 of the Transfer of Property Act are attracted only in case of forfeiture of lease under Section 111(g) of the Transfer of Property Act. Therefore, for the applicability of Section 112 or Section 114 of the Transeter of Property Act, it is necessary that Section 111(g) of the Transfer of Property Act should be ...

May 26 2004

Sher-i-Kashmir National Medical Institute Trust Vs. State of J and K a ...

  • Decided on : 26-May-2004

Court : Jammu and Kashmir

... made only on lease basis, nevertheless the Government can grant, or transfer property or any interest therein in any other recognised mode, say even a gift. But Section 10 does not authorise, permit or empower the Government to make such grant or transfer of property or any interest therein other than lease to a non-permanent ... not precluded from making any grant or other transfer of land or any interest therein other than a lease under the Act. In other words, though, under Land Grants Act, primarily grant of land can be made only on lease basis, nevertheless the Government can grant, or transfer property or any interest therein in any other ... Transfer of Property Act, including Section 138 thereof, which provides that no transfer of immovable property shall be valid unless and until it is in writing and the instrument of transfer is registered. Clause (c) of Section 140 of the Transfer of Property Act does not prescribe the mode of transfer. The mode of transfer is provided by other provisions of the Transfer of Property Act, depending upon the nature of transfer ... Transfer of Property Act does not prescribe the mode of transfer. The mode of transfer is provided by other provisions of the Transfer of Property Act, depending upon the nature of transfer such as sale, gift, lease, mortgage. 80. Admittedly, the 1978 order has been issued in exercise of powers conferred by clause (c) of Section 140 of the Transfer of Property Act, 1977 Smvt, seeking to transfer the properties ...

Jun 07 2005

Sher-i-Kashmir National Medical Institute Trust Vs. State of J and K a ...

  • Decided on : 07-Jun-2005

Court : Jammu and Kashmir

... of Transfer of Property Act. Such grant and transfer are to be construed and take the effect as if the Transfer of Property Act had not been passed. Indeed, Section 11 expressly makes the Transfer of Property Act inapplicable to such grants or transfer of interest under the Act.34. It would thus appear that the Transfer of Property Act ... Transfer of Property Act.26. Admittedly, the transfer of properties by the 1978 order was made under Section 140(c) of the Transfer of Property Act. Section 140 of the Act provides for exemptions in certain cases from restriction imposed on transfer of immovable property. The section so far as relevant may be quoted as under:Exemptions of certain instrument from Restriction imposed on transfer of immovable property ... transfer of land or any interest therein is clearly independent of the provisions of Transfer of Property Act. Such grant and transfer are to be construed and take the effect as if the Transfer of Property Act had not been passed. Indeed, Section 11 expressly makes the Transfer of Property Act inapplicable to such grants or transfer of interest under the Act.34. It would thus appear that the Transfer ... of Land Grants Act. The transfer of immovable properties under the 1978 order, therefore, cannot be held to be grant under the Land Grants Act. The transfer can only be construed as gift by the government under the Transfer of Property Act and since no transfer of immovable property under the Transfer of Property Act is valid unless and ...

Feb 10 1902

Mallikarjunadu Setti and Narayanamurti Ayyar Vs. Lingamurti Pantulu an ...

  • Decided on : 10-Feb-1902

Court : Chennai

Reported in : (1902)ILR25Mad244

... Transfer of Property Act on 'mortgages of immoveable property.'12. Dealing with the first two questions together, I am clearly of opinion that the provisions of Sections 310-A and 311 of the Civil Procedure Code are applicable to sales of mortgaged property in execution of mortgage decrees even in provinces in which the Transfer of Property Act is in force.13. The Transfer of Property ... to sales of mortgaged property as well as to sales of other property, there was no need to make any special provision in Section 88 or Section 89 of the Transfer of Property Act for the postponement of sales of mortgaged property.8. Until an order absolute for foreclosure had been made the Court could, under the Transfer of Property Act, postpone the ... mortgaged property by order of the Court, for there is nothing in the Transfer of Property Act inconsistent with that section. I think that Section 310-A also applies to such sales and for the same reason, viz., that there is nothing in it inconsistent with the Transfer of Property Act.6. When the Civil Procedure Code and the Transfer of Property Act ... Transfer of Property Act, rendered inapplicable to sales in execution of mortgage decrees passed under chapter IV of the Transfer of Property Act. But in the view that those sections are in themselves applicable to such sales and that Section 104 of the Transfer of Property Act does not render them inapplicable, the question as to their being consistent or otherwise with the provisions of the Transfer ...

Oct 03 1974

Dattatreya Shanker Mote and Ors. Vs. Anand Chintaman Datar and Ors.

  • Decided on : 03-Oct-1974

Court : Supreme Court of India

Reported in : (1974)2SCC799; [1975]2SCR224

... transfer of property' as meaning 'an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons', and 'to transfer property' is to perform such act. Section 6 says that property of any kind may be transferred ... transfer property' is to perform such act. Section 6 says that property of any kind may be transferred, except as otherwise provided by the Act or by any other law for the time being in force other than those mentioned specifically in Clauses (a) to (i) which cannot be transferred. Section 8 deals with the operation of transfer ... property' into 'rights of ownership in such property'. The words 'such property' do not, it seems to me, stand only for 'full ownership of property'. They obviously denote that property which has been transferred. If the transfer of an interest in property to a mortgagee, whether simple or usufructuary, is a transfer of property, 'such property' could only mean, in the case of a mortgages, the interest in property which has been transferred ...

Nov 19 2011

Christopher Karkada, Bangalore and Others Vs. Church of South India, r ...

  • Decided on : 19-Nov-2011

Court : Karnataka

... transfer has been defined in the Transfer of Property Act, at Section 5, which reads as under:- 5. Transfer of property defined.- In the following sections transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or to himself] and one or more other living persons; and to transfer property ... Transfer of property means an act by which a living person conveys property in present, or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons and to transfer property is to perform such act. For the purpose of Section 5 of the Transfer of Property ... transfer property is to perform such act. For the purpose of Section 5 of the Transfer of Property Act, living person includes a company or association or body of individuals, whether incorporated or not, but nothing contained therein shall affect any law for the time being in force, relating to transfer of property to or by companies, associations or bodies of individuals. Therefore, once an immovable property ... transfer property is to perform such act. [In this section living person includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any laws for the time being on force relating to transfer of property to or by companies, associations or bodies of individuals.] 127. Section 126 of the Transfer of Property ...

Oct 24 2006

Yanala Malleshwari and Ors. Vs. Ananthula Sayamma and Ors.

  • Decided on : 24-Oct-2006

Court : Andhra Pradesh

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

... transferable property or authorized to dispose of transferred property, not his own, can transfer the property provided he is competent to do so. Section 8 of TP Act deals with 'operation of transfer'. It is to the effect that a transfer of property passes forthwith to the transferee of the interest, which the transferor is then capable of passing in the property and legal incidents thereof. When such transfer ... transferable property, or authorized to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances to the extent and in the manner allowed and prescribed by any law for the time being in force.8. Operation of transfer. - Unless a different intention is expressed or necessarily implied, a transfer of property ... transfer. - Every person competent to contract and entitled to transferable property, or authorized to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances to the extent and in the manner allowed and prescribed by any law for the time being in force.8. Operation of transfer ...

Dec 16 1969

The Commissioner of Gift Tax, Madras vs. P. Rangasami Naidu

  • Decided on : 16-Dec-1969

Court : Chennai

Reported in : AIR1970Mad441; [1970]76ITR315(Mad)

... 'transfer of property' to include also what ordinarily may not, be considered transfers of property. Section 2(xxiv) defines 'transfer of property' thus:--" 'transfer of property' means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the' foregoing, includes--(a) the creation of a trust in property; ... transfers specified in Section 4 which prima facie are not gifts, further coverage under the definition of 'gift' is achieved by defining 'transfer of property' to include also what ordinarily may not, be considered transfers of property. Section 2(xxiv) defines 'transfer of property' thus:--" 'transfer of property' means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property ... property to be so vested."7. While the Act extends the definition of 'gift' by deeming to be gifts certain transfers specified in Section 4 which prima facie are not gifts, further coverage under the definition of 'gift' is achieved by defining 'transfer of property' to include also what ordinarily may not, be considered transfers of property. Section 2(xxiv) defines 'transfer of property' thus:--" 'transfer of property ...

Jul 26 1968

Bhaiya Ram Hargo Lal Vs. Mahavir Prasad Murari Lal Mahajan

  • Decided on : 26-Jul-1968

Court : Punjab and Haryana

Reported in : AIR1969P& H110

... Transfer of property act and those of section 4 of the Madhya Pradesh Act, as the last rotate chapter v of the Transfer of property Act which deals with leases of immovable property. It was then held:-'The requirement of section 106 of the Transfer of property ... property' are laid down in chapter V of the Transfer of Property Act.Section 105 with which this chapter begins defines 'a lease of immovable property' as a transfer of aright to enjoy such property. Section 106 states, inter alia that in the absence of a contract , or local law or usage to the contrary, a lease of immovable property ... Transfer of property act, and that before a tenant can be evicted by a landlord he must comply both with the provisions of section 106 of the Transfer of property act and those of section 4 of the Madhya Pradesh Act, as the last rotate chapter v of the Transfer of property Act which deals with leases of immovable property ... Transfer of Property Act requires a tenancy to be terminated by a notice if it has already been determined either according to the terms of the particular lease or under the relevant provisions of the Transfer of property Act. The question of serving a notice under section 106 of the Transfer of Property ...

Jan 16 2001

Chartered Housing and Bhoruka Finance Corporation Vs. Appropriate Auth ...

  • Decided on : 16-Jan-2001

Court : Karnataka

Reported in : (2001)167CTR(Kar)248; [2001]250ITR1(KAR); [2001]250ITR1(Karn); [2001]116TAXMAN331(Kar)

... Transfer of Property Act. Section 5 defines 'transfer'. '5. 'Transfer of property' defined.--In the following sections 'transfer of property' means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons ; and 'to transfer property ... transfer of property to or by companies, associations or bodies of individuals.'17. Section 6 is not very material for our purpose. Section 7 reads as under : '7. Persons competent to transfer.--Every person competent to contract and entitled to transferable property, or authorised, to dispose of transferable property not his own, is competent to transfer such property ... transfer.--Every person competent to contract and entitled to transferable property, or authorised, to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in (he manner, allowed and prescribed by any law for the time being in force.' Section 8 indicates the operation of transfer ...

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