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Transfer of Property Act 1882
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Transfer of Property Act 1882
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Select section CHAPTER I PRELIMINARY
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CHAPTER I PRELIMINARY
Select activity 1. Short title, Commencement, and Extent
1. Short title, Commencement, and Extent
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Select activity 2. Saving of certain enactments, incidents, rights, liabilities, etc.
2. Saving of certain enactments, incidents, rights, liabilities, etc.
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Select activity 3. Interpretation-clause.
3. Interpretation-clause.
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Select activity 4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
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Select section CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
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CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
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(A) TRANSFER OF PROPERTY, WHETHER MOVEABLE OR IMMOVEABLE
Select activity 5. “Transfer of property” defined.
5. “Transfer of property” defined.
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Select activity 6. What may be transferred.
6. What may be transferred.
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Select activity 7. Persons competent to transfer.
7. Persons competent to transfer.
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Select activity 8. Operation of transfer.
8. Operation of transfer.
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Select activity 9. Oral transfer.
9. Oral transfer.
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Select activity 10. Condition restraining alienation.
10. Condition restraining alienation.
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Select activity 11. Restriction repugnant to interest cleated.
11. Restriction repugnant to interest cleated.
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Select activity 12. Condition making interest determinable on
12. Condition making interest determinable on
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Select activity 13. Transfer for benefit of unborn person.
13. Transfer for benefit of unborn person.
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Select activity 14. Rule against perpetuity.
14. Rule against perpetuity.
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Select activity 15. Transfer to class some of whom come under sections 13 and 14.
15. Transfer to class some of whom come under sections 13 and 14.
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Select activity 16. Transfer to take effect on failure of prior interest.
16. Transfer to take effect on failure of prior interest.
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Select activity 17. Direction for accumulation.
17. Direction for accumulation.
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Select activity 18. Transfer in perpetuity for benefit of public.
18. Transfer in perpetuity for benefit of public.
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Select activity 19. Vested interest.
19. Vested interest.
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Select activity 20. When unborn person acquires vested interest on transfer for his benefit.
20. When unborn person acquires vested interest on transfer for his benefit.
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Select activity 21. Contingent interest.
21. Contingent interest.
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Select activity 22. Transfer to members of a class who attain a particular age.
22. Transfer to members of a class who attain a particular age.
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Select activity 23. Transfer contingent on happening of specified uncertain eve
23. Transfer contingent on happening of specified uncertain eve
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Select activity 24. Transfer to such of certain persons as survive at some period not specified.
24. Transfer to such of certain persons as survive at some period not specified.
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Select activity 25. Conditional transfer.
25. Conditional transfer.
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Select activity 26. Fulfilment of condition precedent.
26. Fulfilment of condition precedent.
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Select activity 27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition.
27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition.
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Select activity 28. Ulterior transfer conditional on happening or not happening of specified event.
28. Ulterior transfer conditional on happening or not happening of specified event.
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Select activity 29. Fulfilment of condition subsequent.
29. Fulfilment of condition subsequent.
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Select activity 30. Prior disposition not affected by invalidity of ulterior disposition.
30. Prior disposition not affected by invalidity of ulterior disposition.
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Select activity 31. Condition that transfer shall cease to have effect in case specified
31. Condition that transfer shall cease to have effect in case specified
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Select activity 32. Such condition must not be invalid.
32. Such condition must not be invalid.
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Select activity 33. Transfer conditional on performance of act, no time being specified for performance.
33. Transfer conditional on performance of act, no time being specified for performance.
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Select activity 34. Transfer conditional on performance of act, time being specified.
34. Transfer conditional on performance of act, time being specified.
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ELECTION
Select activity 35. Election when necessary.
35. Election when necessary.
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APPORTIONMENT
Select activity 36. Apportionment of periodical payments on determination of interest of person entitled.
36. Apportionment of periodical payments on determination of interest of person entitled.
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Select activity 37. Apportionment of benefit of obligation on severance.
37. Apportionment of benefit of obligation on severance.
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(B) TRANSFER OF IMMOVEABLE PROPERTY
Select activity 38. Transfer by person authorised only under certain circumstances to transfer.
38. Transfer by person authorised only under certain circumstances to transfer.
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Select activity 39. Transfer where third person is entitled to maintenance.
39. Transfer where third person is entitled to maintenance.
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Select activity 40. Burden of obligation imposing restriction on use of land or of obligation annexed to ownership but not amounting to interest or easement.
40. Burden of obligation imposing restriction on use of land or of obligation annexed to ownership but not amounting to interest or easement.
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Select activity 41. Transfer by ostensible owner.
41. Transfer by ostensible owner.
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Select activity 42. Transfer by person having authority to revoke former transfer.
42. Transfer by person having authority to revoke former transfer.
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Select activity 43. Transfer by unauthorised person who subsequently acquires interest in property transferred.
43. Transfer by unauthorised person who subsequently acquires interest in property transferred.
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Select activity 44. Transfer by one co-owner.
44. Transfer by one co-owner.
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Select activity 45. Joint transfer for consideration.
45. Joint transfer for consideration.
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Select activity 46. Transfer for consideration by persons having distinct interests.
46. Transfer for consideration by persons having distinct interests.
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Select activity 47. Transfer by co-owners of share in common property.
47. Transfer by co-owners of share in common property.
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Select activity 48. Priority of rights created by transfer.
48. Priority of rights created by transfer.
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Select activity 49. Transferee's right under policy.
49. Transferee's right under policy.
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Select activity 50. Rent bona fide paid to holder under defective title.
50. Rent bona fide paid to holder under defective title.
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Select activity 51. Improvements made by bona fide holders under defective titles.
51. Improvements made by bona fide holders under defective titles.
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Select activity 52. Transfer of property pending suit relating thereto.
52. Transfer of property pending suit relating thereto.
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Select activity 53. Fraudulent transfer.
53. Fraudulent transfer.
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Select activity 53A. Part performance.
53A. Part performance.
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Select section CHAPTER III OF SALES OF IMMOVEABLE PROPERTY
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CHAPTER III OF SALES OF IMMOVEABLE PROPERTY
Select activity 54. “Sale” defined. Sale how made. Contract for sale.
54. “Sale” defined. Sale how made. Contract for sale.
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Select activity 55. Rights and liabilities of buyer and seller.
55. Rights and liabilities of buyer and seller.
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Select activity 56. Marshalling by subsequent purchaser.
56. Marshalling by subsequent purchaser.
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DISCHARGE OF INCUMBRANCES ON SALE
Select activity 57. Provision by Court for incumbrances and sale freed therefrom.
57. Provision by Court for incumbrances and sale freed therefrom.
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Select section CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
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CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
Select activity 58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money”and “mortgage-deed”defined.
58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money”and “mortgage-deed”defined.
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Select activity Mortgage by conditional sale.
Mortgage by conditional sale.
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Select activity 59. Mortgage when to be by assurance.
59. Mortgage when to be by assurance.
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Select activity 59A. References to mortgagors and mortgagees to include persons deriving title from them.
59A. References to mortgagors and mortgagees to include persons deriving title from them.
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RIGHTS AND LIABILITIES OF MORTGAGOR
Select activity 60. Right of mortgagor to redeem.
60. Right of mortgagor to redeem.
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REDEMPTION OF PORTION OF MORTGAGED PROPERTY.
Select activity 60A.Obligation to transfer to third party instead of re-transference to mortgagor.
60A.Obligation to transfer to third party instead of re-transference to mortgagor.
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Select activity 60B. Right to inspection and production of documents.
60B. Right to inspection and production of documents.
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Select activity 61. Right to redeem separately or simultaneously.
61. Right to redeem separately or simultaneously.
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Select activity 62. Right of usufructuary mortgagor to recover possession.
62. Right of usufructuary mortgagor to recover possession.
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Select activity 63. Accession to mortgaged property.
63. Accession to mortgaged property.
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Select activity 63A. Improvements to mortgaged property.
63A. Improvements to mortgaged property.
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ACCESSION ACQUIRED IN VIRTUE OF TRANSFERRED OWNERSHIP.
Select activity 64. Renewal of mortgaged lease.
64. Renewal of mortgaged lease.
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Select activity 65. Implied contracts by mortgagor.
65. Implied contracts by mortgagor.
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Select activity 65A. Mortgagor’s power to lease.
65A. Mortgagor’s power to lease.
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Select activity 66. Waste by mortgagor in possession.
66. Waste by mortgagor in possession.
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RIGHTS AND LIABILITIES OF MORTGAGEE
Select activity 67. Right to foreclosure or sale.
67. Right to foreclosure or sale.
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Select activity 67A. Mortgagee when bound to bring one suit on several mortgages.
67A. Mortgagee when bound to bring one suit on several mortgages.
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Select activity 68. Right to sue for mortgage-money.
68. Right to sue for mortgage-money.
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Select activity 69. Power of sale when valid.
69. Power of sale when valid.
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Select activity 69A. Appointment of receiver.
69A. Appointment of receiver.
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Select activity 70. Accession to mortgaged property.
70. Accession to mortgaged property.
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Select activity 71. Renewal of mortgaged lease.
71. Renewal of mortgaged lease.
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Select activity 72. Rights of mortgagee in possession.
72. Rights of mortgagee in possession.
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Select activity 73. Right to proceeds of revenue sale or compensation on acquisition.
73. Right to proceeds of revenue sale or compensation on acquisition.
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Select activity 74. [Repealed.].
74. [Repealed.].
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Select activity 75. [Repealed.].
75. [Repealed.].
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Select activity 76. Liabilities of mortgagee in possession. Loss occasioned by his default.
76. Liabilities of mortgagee in possession. Loss occasioned by his default.
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Select activity 77. Receipts in lieu of interests.
77. Receipts in lieu of interests.
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PRIORITY
Select activity 78. Postponement of prior mortgagee.
78. Postponement of prior mortgagee.
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Select activity 79. Mortgage to secure uncertain amount when maximum is expressed.
79. Mortgage to secure uncertain amount when maximum is expressed.
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Select activity 80. [Repealed.]. .
80. [Repealed.]. .
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MARSHALLING AND CONTRIBUTION
Select activity 81. Marshalling securities.
81. Marshalling securities.
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Select activity 82. Contribution to mortgage-debt.
82. Contribution to mortgage-debt.
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DEPOSIT IN COURT
Select activity 84. Cessation of interest.
84. Cessation of interest.
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Select activity 83. Power to deposit in Court money due on mortgage.
83. Power to deposit in Court money due on mortgage.
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Select activity 85. [Repealed.].
85. [Repealed.].
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SUITS FOR FORECLOSURE, SALE OR REDEMPTION
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FORECLOSURE AND SALE
Select activity 86. [Repealed.].
86. [Repealed.].
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Select activity 87. [Repealed.].
87. [Repealed.].
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Select activity 88. [Repealed.].
88. [Repealed.].
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Select activity 89. [Repealed.].
89. [Repealed.].
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Select activity 90. [Repealed.].
90. [Repealed.].
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REDEMPTION
Select activity 91. Persons who may sue for redemption.
91. Persons who may sue for redemption.
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Select activity 92. Subrogation.
92. Subrogation.
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Select activity 93. Prohibition of tacking.
93. Prohibition of tacking.
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Select activity 94. Rights of mesne mortgagee.
94. Rights of mesne mortgagee.
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Select activity 95. Right of redeeming co-mortgagor to expenses.
95. Right of redeeming co-mortgagor to expenses.
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Select activity 96. Mortgage by deposit of title-deeds.
96. Mortgage by deposit of title-deeds.
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Select activity 97. [Repealed.].
97. [Repealed.].
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ANOMALOUS MORTGAGES
Select activity 98. Rights and liabilities of parties to anomalous mortgages.
98. Rights and liabilities of parties to anomalous mortgages.
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Select activity 99. [Repealed.].
99. [Repealed.].
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CHARGES
Select activity 100. Charges.
100. Charges.
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Select activity 101. No merger in case of subsequent encumbrance.
101. No merger in case of subsequent encumbrance.
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NOTICE AND TENDER
Select activity 102. Service or tender on or to agent.
102. Service or tender on or to agent.
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Select activity 103. Notice, etc., to or by person incompetent to contract.
103. Notice, etc., to or by person incompetent to contract.
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Select activity 104. Power to make rules.
104. Power to make rules.
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Select section CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY
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CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY
Select activity 105. Lease defined.
105. Lease defined.
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Select activity Lessor, lessee, premium and rent defined.
Lessor, lessee, premium and rent defined.
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Select activity 106. Duration of certain leases in absence of written contract or local usage.
106. Duration of certain leases in absence of written contract or local usage.
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Select activity 107. Leases how made.
107. Leases how made.
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Select activity 108. Rights and liabilities of lessor and lessee.
108. Rights and liabilities of lessor and lessee.
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Select activity A.—Rights and liabilities of the lessor.
A.—Rights and liabilities of the lessor.
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Select activity B.—Rights and liabilities of the lessee.
B.—Rights and liabilities of the lessee.
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Select activity 109. Rights of lessor’s transferee.
109. Rights of lessor’s transferee.
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Select activity 110. Exclusion of day on which term commences.
110. Exclusion of day on which term commences.
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Select activity Duration of lease for a year.
Duration of lease for a year.
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Select activity Option to determine lease.
Option to determine lease.
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Select activity 111. Determination of lease.
111. Determination of lease.
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Select activity 112. Waiver of forfeiture.
112. Waiver of forfeiture.
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Select activity 113. Waiver of notice to quit.
113. Waiver of notice to quit.
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Select activity 114. Relief against forfeiture for non-payment of rent.
114. Relief against forfeiture for non-payment of rent.
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Select activity 114A. Relief against forfeiture in certain other cases.
114A. Relief against forfeiture in certain other cases.
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Select activity 115. Effect of surrender and forfeiture on under-leases.
115. Effect of surrender and forfeiture on under-leases.
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Select activity 116. Effect of holding over.
116. Effect of holding over.
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Select activity 117. Exemption of leases for agricultural purposes.
117. Exemption of leases for agricultural purposes.
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Select section CHAPTER VI OF EXCHANGES
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CHAPTER VI OF EXCHANGES
Select activity 118. “Exchange” defined.
118. “Exchange” defined.
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Select activity 119. Right of party deprived of thing received in exchange.
119. Right of party deprived of thing received in exchange.
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Select activity 120. Rights and liabilities of parties.
120. Rights and liabilities of parties.
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Select activity 121. Exchange of money.
121. Exchange of money.
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Select section CHAPTER VII OF GIFTS
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CHAPTER VII OF GIFTS
Select activity 122. “Gift” defined. Acceptance when to be made.
122. “Gift” defined. Acceptance when to be made.
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Select activity 123. Transfer how effected.
123. Transfer how effected.
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Select activity 124. Gift of existing and future property.
124. Gift of existing and future property.
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Select activity 125. Gift to several, of whom one does not accept.
125. Gift to several, of whom one does not accept.
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Select activity 126. When gift may be suspended or revoked.
126. When gift may be suspended or revoked.
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Select activity 127. Onerous gifts. Onerous gift to disqualified person.
127. Onerous gifts. Onerous gift to disqualified person.
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Select activity 128. Universal donee.
128. Universal donee.
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Select activity 129. Saving of donations mortis causa and Muhammadan law.
129. Saving of donations mortis causa and Muhammadan law.
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Select section CHAPTER VIII OF TRANSFERS OF ACTIONABLE CLAIMS
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CHAPTER VIII OF TRANSFERS OF ACTIONABLE CLAIMS
Select activity 130. Transfer of actionable claim. 130A. [Repealed.].
130. Transfer of actionable claim. 130A. [Repealed.].
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Select activity 131. Notice to be in writing, signed.
131. Notice to be in writing, signed.
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Select activity 132. Liability of transferee of actionable claim.
132. Liability of transferee of actionable claim.
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Select activity 133. Warranty of solvency of debtor.
133. Warranty of solvency of debtor.
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Select activity 134. Mortgaged debt.
134. Mortgaged debt.
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Select activity 135. Assignment of rights under policy of insurance against fire.
135. Assignment of rights under policy of insurance against fire.
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Select activity 135A. [Repealed.].
135A. [Repealed.].
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Select activity 136. Incapacity of officers connected with Courts of Justice.
136. Incapacity of officers connected with Courts of Justice.
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Select activity 137. Saving of negotiable instruments, etc.
137. Saving of negotiable instruments, etc.
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