Section 46 transfer of property act

Transfer for consideration by persons having distinct interests. Where immoveable property is transferred for consideration by persons having distinct interests therein, the transferors are, in the absence of a contract to the contrary, entitled to share in the consideration equally, where their interests in the property were of equal value, an where such interests were of unequal value, proportionately to the value of their. Sale of mortgaged property in action for redemption or foreclosure. Power to authorise land and minerals to be dealt with separately.

Restriction on consolidation of mortgages.

Tacking and further advances. Obligation to transfer instead of re-conveying, and as to right to take possession. Substantial property transactions U. X1An Act to consolidate the enactments relating to conveyancing and the law of property in England and Wales. Exchange is a transfer where a property is changed with another property. Joint transfer for consideration.

Transfer by person having authority to revoke former transfer.

Short title, Commencement, Extent. The essential features for a transfer to be termed as “Sale” are:-The subject matter of such transaction must be immovable property. The aims of the section code 9. The code provides guidance to public authorities ‘in connection with the keeping, management and destruction of their records’ as well as the review and transfer of records to public archives. Section - Priority of rights created by transfer.

It will operate on any interest which the transferor may acquire in such property. It provides, “Unless different intention is expressed or necessarily implie a transfer of property passes for with the transferee all the interest which the transferor is then capable of passing in the property and in the legal incident thereof. Transfer of Property is something that every individual witnesses.

Their Lordships of the Privy Council observed that: “If under a bequest in the circumstances mentioned in Sec. Hence, ‘ Property cannot be transferred’ doesn’t mean you can’t deal in property. Yes, owner may enter into transfer of property , but such transfer is subject to the Court’s decree and also with prior permission. It made it much clearer which rights and responsibilities passed to the new owner of a property , and which remained with the person selling it. Alienation of separate property by a Hindu, whether governed by the Mitakshara School or any of its sub-schools or the Dayabhaga School, has full and absolute powers over it.

Modes of Alienation. Gift not covered by this act. THE provision of transfer of property act about gift do not apply to: (1) gift of movable property made in contemplation (2)Affect the any rule of Muhammadan law.

It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. In the absence of a contract to the contrary, the mortgagee has, at any time after the mortgage- money has become due to him, and before a decree has been made for the redemption of the mortgaged property , or the mortgage-money has been paid or deposited as hereinafter provide a right to obtain from the court a decree that. Right to foreclosure or sale. In addition, because transactions involving Law of Property Act receivers are normally transfers on sale, this guide assumes that a transfer is involved.

An Act to amend the law relating to the transfer of property by act of. The principle of section is based on the rule of justice, equity and good conscience. The section enumerates fraudulent transfer.

A transfer made with intention to defeat any right of the transferee or of any other person interested therein is called fraudulent transfer of property. Sale and transfer of property (a) Authority To Sell. What is the CNT SPT ACT in Jharkhand?