Q1: What Is the Short Title of the Act Discussed?

A1: The Act may be called the "Transfer of Property Act, 1882."

Q2: When Did the Transfer of Property Act, 1882, Come Into Force?

A2: It came into force on the first day of July, 1882.

Q3: To What Geographical Area Does the Act Initially Extend?

A3: It initially extends to the whole of India, except certain territories that were part of Part B States or the States of Bombay, Punjab, and Delhi before November 1, 1956.

Q4: Can the Act Be Extended to Other Territories?

A4: Yes, the Act may be extended to other territories by notification in the Official Gazette by the concerned State Government.

Q5: What Provisions Can a State Government Exempt From the Act?

A5: A State Government may exempt any part of the territories from Sections 54 (paragraphs 2 and 3), 59, 107, and 123 of the Act.

Q6: Are There Limitations on the Extension of Certain Sections of the Act?

A6: Yes, Sections 54 (paragraphs 2 and 3), 59, 107, and 123 shall not extend to any district or tract excluded from the operation of the Indian Registration Act, 1908.

Q7: What Is the Effect of the Act on Existing Enactments?

A7: The enactments specified in the Schedule of the Act are repealed, but this does not affect provisions of other enactments or contracts arising before the Act.

Q8: What Types of Property Are Excluded From the Definition of "Immoveable Property"?

A8: "Immoveable property" does not include standing timber, growing crops, or grass.

Q9: How Is the Term “Instrument” Defined?

A9: “Instrument” means a non-testamentary instrument.

Q10: What Does “Attested” Mean in Relation to an Instrument?

A10: “Attested” means the instrument is attested by two or more witnesses who have seen the executant sign or acknowledge the instrument, and they must sign in the presence of the executant.

Q11: What Does “Attached to the Earth” Refer To?

A11: It refers to things rooted or imbedded in the earth, like trees or walls.

Q12: How Is "Actionable Claim" Defined?

A12: "Actionable claim" refers to a claim to any debt (not secured by mortgage of immoveable property) or any beneficial interest in moveable property.

Q13: When Is a Person Considered to Have Notice of a Fact?

A13: A person has notice of a fact when they actually know it, or through willful abstention or gross negligence.

Q14: What Is the Implication of a Registered Instrument Concerning Immoveable Property?

A14: Any person acquiring property through a registered instrument is deemed to have notice of that instrument from the date of registration.

Q15: How Does the Act Address the Notice of Title in Relation to Actual Possession?

A15: A person acquiring immoveable property is deemed to have notice of any title of a person in actual possession of the property.

Q16: What Happens If an Agent Acquires Notice of a Fact on Behalf of a Principal?

A16: The principal is deemed to have notice of that fact unless the agent fraudulently conceals it.

Q17: How Are the Chapters and Sections of the Act Related to the Indian Contract Act?

A17: The chapters and sections related to contracts shall be part of the Indian Contract Act, 1872.

Q18: Which Sections of the Act Are Supplemental to the Indian Registration Act?

A18: Sections 54 (paragraphs 2 and 3), 59, 107, and 123 are supplemental to the Indian Registration Act, 1908.

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Transfer of Property by Act of Parties | Transfer of Property by Act of Parties 2 | RERA 2016 | Haryana Urban Rent Control Act | Haryana Urban Rent Control Act 2