Transfer of property act, 1882

Commencement

Beginning on July 1st, 1882, it shall go into effect.

Extent

It initially covers the entirety of India, with the exception of the areas that, just prior to the first of November 1956, were a part of the Part B States or the States of Bombay, Punjab, and Delhi. However, the State Government in question may extend this Act or any part of it to all or a portion of the aforementioned areas by publishing a notice in the Official Gazette. One should possess knowledge about 80g certificate.

Repeal of Acts

The enactments listed in the Schedule hereto attached shall, for the time being, be repealed to the extent described therein in the regions to which this Act applies. However, nothing in this paragraph shall be interpreted to:-

  (a) the provisions of any law not specifically repealed by this legislation;

  (b) any clauses or details of a contract or property agreement that are permissible under the current law and comply with the provisions of this Act;

  (c) any obligation or relief related to an obligation or right resulting from a legal relationship created prior to the effective date of this Act; or

 (d) any transfer made by operation of law, by or in compliance with a decree or order of a court of competent jurisdiction, or in accordance with Chapter IV of this Act, except as provided by section 57, shall not be deemed to affect any principle of Muhammadan law.

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Interpretation clause

Unless the content or context of this Act contains something objectionable,

  (a) standing trees, crops, and grass is not considered to be "immoveable property";

  (b) the non-testamentary instrument is referred to as an "instrument";

  (c) "attested" in reference to equipment means attributed by two or more witnesses, each of whom has witnessed the executant sign or affix his mark to the document, or has witnessed another person sign the document in the executant's presence and under his direction, or has earned a personal acknowledgement of the executant's signature, mark, or the signature of such another person, and each of whom has signed the form in the executant's presence. However, it won't be essential for more than one of these witnesses to be present at the same moment, and no specific form of attestation will be required;

  (d) "registered" means registered in accordance with the current legislation governing the registration of documentation in any area of the territories to which this Act applies;

  (e) "attached to the earth" denotes:-

     (i) rooted in the ground, as trees and plants are;

     (ii) buried under the ground, as in the case of structures or walls; or

    (iii) connected to what is so implanted for the attachment's lasting, beneficial pleasure;

"actionable claim" refers to a claim to any debt, other than a debt secured by a mortgage of immoveable property or by the hypothecation or pledge of moveable property, or to any equitable interests in moveable property that is not in the claimant's possession, either actually or constructively, and that the Civil Courts recognise as providing grounds for relief, whether the debt or beneficial interest is existing, accruing, conditional, or contingent. You can apply for tax exemption under section 80g.

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