The transfer of property act, 1882

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Querist : Anonymous (Querist)
08 December 2011

My question is, Is "The Transfer Of Property Act, 1882" now known as "THE TRANSFER OF PROPERTY (AMENDMENT) ACT, 2002", Applicable in Gujarat State Currently?

Is the above mentioned Act applicable to the Gujarat State?


Shailesh Kr. Shah (Expert)
08 December 2011

you have wrong information.

Only Section 106 amended by TRANSFER OF PROPERTY (AMENDMENT) ACT, 2002.

Shailesh Kr. Shah (Expert)
08 December 2011

The Transfer of Property (Amendment) Act, 2002



ACT NO. 3 OF 2003 (31st December, 2002)


An Act further to amend the Transfer of Property Act, 1882.


BE it enacted by Parliament in the Fifty-third Year of the Republic of India as follows
1- Short title.
This Act may be called the Transfer of Property (Amendment) Act, 2002.
2- Substitution of new section for section 106.
For section 106 of the Transfer of Property Act, 1882 (4 of 1882) (hereinafter referred to as the principal Act), the following section shall be substituted, namely – "106. Duration of certain leases in absence of written contract or local usage –


(1)


In the absence of a contract or local law or usage to the contrary, a lease of property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, b fifteen days' notice.


(2)


Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.


(3)


A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in t at sub-section.


(4)


Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.".
3- Transitory provisions.
The provisions of section 106 of the principal Act, as amended by section 2, shall apply to –
(a) all notices in pursuance of which any suit or proceeding is pending at the commencement of this Act; and
(b) all notices which have been issued before the commencement of this Act but where no suit or proceeding has been filed before such commencement.

V R SHROFF (Expert)
08 December 2011

Mr. Shah,

Thanks for detail.

The question is: Whether the act apply to Gujarat State??

"YES" or "NO"

Shailesh Kr. Shah (Expert)
08 December 2011

@Mr.Shroff

Respected Sir,

Most welcome!

The question is: Whether the act apply to Gujarat State??

Yes

Thanks
with regards,

raj kumar makkad (Expert)
09 December 2011

If the reply was confined to only electing either from yes or no then why to post this small reply by using 3 posts?

It seems experts have still not come to be persons of word and they malafidely to gain maximum numbers are engaged in making maximum posts even for smallest replies.

Bhagwan khair kre.

Shailesh Kr. Shah (Expert)
12 December 2011

Makkad Sir,

Please go through again whole thread.

Second one to confirm my first answer. and it is extract from other page.

author is confuse to repeal of whole act, so i have to clarify that only section 106 is amended not whole ACT and reproduce extract. please read query again.

third one is reply to mr.shroff.

Thanks
with Regards,


Querist : Anonymous (Querist)
12 December 2011

:( its ok dear experts. important thing is that my query was resolved, and i am very thankful to all of you :)



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