Section 28 of the Transfer of Property Act, 1882 provides for any onward transfer that occurs when a particular event does not occur. The rights of assignees shall not be affected, provided that they have acted in good faith; The property was acquired for consideration and the purchasers had acted without complaining about the defect in ownership of the transferor. B. The beneficiary may use the insurance money received, subject to other provisions of the Transfer of Property Act, 1882, to pay the interest due under the hypothec if hypothecary creditor B so orders in writing. If the pledged property is leased property and the hypothecary creditor extends the lease, the hypothecary creditor has the right to continue to enjoy the property until the expiry of the lease. Which of the following comes closest to the meaning of the term “English mortgage” within the meaning of the Transfer of Ownership Act 1882?A. Does the property pass to him when a certain amount is paid by the mortgagee. If two sales are made, one at the beginning of the mortgage on the condition that after the repayment of the amount of the mortgage, the property is resold. When the mortgagee comes into possession of the property with the rights to profits, rents, etc. If the mortgage is made by filing the title deed 29. Which of the following points can be considered a tacit waiver of the lease?A.
Non-acceptance of a new lease that takes effect during the continuation of the existing leaseB. Abandonment of ownership by the tenant. A transfer by one of the two roommates involved the transfer by the second tenant. None of those 83. Section 39 of the Transfer of Property Act 1882 provides for the transfer provision in which the third party is entitled to maintenance. In this context, the court concluded that the claim for maintenance, even of a Hindu widow, is an identified right that lags behind an indictment. This article was written by Harshit Bhimrajka, who is currently pursuing a B.A.LLB (Hons) from Rajiv Gandhi National Law University, Patiala. This section addresses all the necessities required for a valid transfer of ownership under the Transfer of Ownership Act, 1882. Section 31 of the Transfer of Property Act, 1882 states that any transfer in which the condition of occurrence of an event or non-occurrence of an event is applied, the transfer loses its effect. The condition mentioned in this section is a subsequent condition and not a conditional restriction in favour of a third party. This condition is given in a negative sense, since the assignor prescribes when the transfer loses its effect.
36. In some areas, Zamindar has the normal right to recover a quarter of the consideration for the sale of a house sold by Riya. It is a traditional right of antiquity mentioned in the wajibularz of the village. It is not based on a contract or burden, but only occurs when it is sold. The Riyaya has no saleable interest in a house in an agricultural village, but such a right is granted to him on the condition that when he leaves or leaves it, the Zamindar gets a quarter as a zare chahorum. This custom was recognized because the Zamindar had to make certain investments during the installation of the house. Custom is neither unreasonable nor illegal. Which of the following statements is true? One. Applies to both movable and immovable property The Transfer of Property Act entered into force on 1 July 1882. This law regulates the transfer of ownership in the country. It lays down specific provisions on the elements and conditions attached to a transfer.
The main purpose of this law is to characterize and revise the law on the transfer of ownership by manifestations of parties and not to transfer them by the activity of the law. The term “transfer of ownership” refers to evidence by which a person transfers ownership to at least one person or to himself and to at least one other person. The term person includes an individual or organ of an individual, association or company. The term transfer is defined in relation to the word “transmit”. It is a process by which one thing is transformed into another. In order to make a transfer valid, there are some essential elements given in the law that must be fulfilled, we will describe these bases in this article. 99. Where several co-owners of immovable property transfer a share thereof without indicating that the transfer is to take effect on one or more specified shares of the transfers, the transfer shall take effect between those sellers on that share: 24.
What is the default interest payable under sections 63 and 63 A of the Transfer of Property Act 1882?A. 8% per anB. 9% per yearC. 10% per year. The interest rate is not mentioned in the sections There is an exception to this section, which is that if it is a transfer situation in the form of a gift, the doctrine of acceleration does not apply unless the first transfer fails only in a certain specified way. 49. Which of the following statements is true with respect to the definitions in the Transfer of Ownership Act 1882? One. The term “instrument” refers to both a testamentary instrument and an inconclusive instrument B. The term “countervailable claims” includes claims secured by a mortgage on residential complex C.
The term “attached to the earth” does not mean trees and shrubs. The term “witness” means witnessing by two or more witnesses.21 Under the Transfer of Ownership Act 1882, the seller is required to disclose the following: A. Patent defects in ownership B. Hidden defects in propertyC. both A and BD. neither A nor B It should be noted that the condition of the first transfer was otherwise valid, the interest or subsequent transfer also fails. Only if the valid condition is not met or “fails”, only the onward transfer becomes effective. According to article 6 of the Law on transfer of ownership, ownership of any kind may be transferred.
The person who insists on non-transferability must prove the existence of a law or habit that restricts the right of transfer. Unless there are legal restrictions that prevent the transfer, the owner of the property can transfer it. However, in some cases, there may be a transfer of ownership by an unauthorized person who subsequently acquires an interest in those assets. 19. The transfer by the subsequent purchaser does not affect:a. The rights of the hypothecary creditor b. Rights of the mortgage debtor. People who bought for free.
Persons claiming mortgage assets In the event that the property is transferred on the condition that absolutely prevents the purchaser from separating or disposing of his stake in the property, the condition is void. The only exception is in the case of a rental agreement, where the condition is in favor of the owner or those who assert claims under him. In general, only the person who has an interest in the property has the right to transfer his interest in the property and can pass the property to another person. B. Performance is associated with an obligation to which the assignor is bound, b) conditional transfer based on the occurrence and non-occurrence of certain events 11. The deed under section 3 of the Transfer of Ownership Act, 1882 does not include: a. Hypothec b. Stock exchange certificate. Deed of lease. Will C.
If the document creates an interest in the property, it is a license; However, if it only allows another to use the property whose legal possession persists with the owner, it is a lease 41. Which of the following assets may be transferred under the Transfer of Ownership Act, 1882?A. Salary of a public servantB. . . .