Outlines of the book

Transcription

1 Abstract The Transfer of Property Act, 1882 is backdated, obsolete and not only contradictory with its own provisions but also with other laws in many cases. Section-6 (a) does not allow any mere possibility of obtaining a property to transfer but section-43 allows a person to sell a property partially not fully owned by him. It is opined that section-6(a) enacts a rule of substantive law while section-43 enacts a rule of estoppel which is one of evidence. However, section-6 (a) is also contradictory with section-35 that adopts the doctrine of election. There is no scope at present to transfer other s property in accordance with section-35 while he is not owner of that property. But the true meaning of section-35 may be in effective through consensus to transfer other s property to a third one and to give him another in lieu of that property. This may be a tri-party exchange where one is not receiving but donating in favour of a third one. The provision of section- 13 is again contradictory with sections-10 and 11 as the previous section creates lifeestate whereas the latter prohibits any condition restraining alienation except in some cases. The connotation of section-51 that allows eviction of a bona fide holder is not similar with section-53 which provides that nothing shall impair the rights of transferee in good faith and for consideration. So, the provisions are not providing equal status and benefit for a bonafide purchaser and bonafide holder. Section-44 states the provisions of transferring joint-property without partition which is also risky transaction and not protecting the rights of the co-sharer. It should be mentioned that in Bangladesh jointtenancy is very rare now-a-days. There are many other contradictions with various laws such as: The oral transfer regarding immovable properties is not possible as per the Registration Act, The Transfer of Property Act should be adjusted in the cases of gift or donation mortis causa under the Muslim Law with the Registration Act to avoid anomalies. There is a contradiction between section-54 of the T.P. Act and section-12 of the S R Act, 1877 regarding the specific performance of a contract. Section-54 of the Transfer of Property Act states that a contract for sale creates no interest is otherwise be enforceable under the Specific Relief Act. The Registration Act under section-17 also incorporated provisions that a contract for sale must be registered and a property registered for contract for sale can not be transferred by any other means under section- 53 B of the Transfer of Property Act. The provisions of the Transfer of property Act on mortgage especially on redemption and foreclosure does not match with the modern sense and also against justice as the owner may fraudulently mortgage the property by receiving loan. It should be mentioned that the Registration Act also stated that every mortgage must be registered. Section-53 D of the Transfer of Property Act now prohibits all types of transfer of a mortgaged property without the written consent of the mortgagee that also goes against a large number of provisions of the Transfer of Property Act on the same subject. There are many other limitations of the law that is chronologically and categorically mentioned in this book in chapter two and also in chapter-five. The definition of immovable property or the application of law on what types of movable properties or the transfer of property by operation of law etc are not clearly stated in this Act. This book is aimed to incorporate all the relevant laws on transfer of property dividing into some chapters including the Transfer of Property Act, The theories of the various transfers are mentioned in the Conveyance and Drafting chapter with a practical approach. I will be happy and successful if the students, advocates and researchers are benefited by studying this book.

2 Outlines of the book Table of contents Preface Chapter-One: Introduction to the Transfer of Property Laws of Bangladesh Property & its various types Right to property is a fundamental right Transfer of property Relevant Laws on the Transfer of Property Will Sale/ Auction Sale Mortgage Pledge Lease House Rent Gift Heba Exchange Charge Actionable claim Pre-emption Partition Succession Inheritance Share/ Debenture/ Stock Acquisition/ Requisition Attachment/ Seizure Alluvion/ Dilluvion Allotment Wakf Zakat Charity/ N G O/ Co-operatives Power of attorney Money Laundering History of the Transfer of Property Act, 1882 Appointment of Law Commission Transfer of Property Laws at a glance The Transfer of Property Act, 1882 The Registration Act, 1908

3 The Contract Act, 1872 The Trust Act, 1882 The Power of Attorney Act, 1882 The Limitation Act, 1908 The Code of Civil Procedure, 1908 The Penal Code, 1860 The Code of criminal Procedure, 1898 The Evidence Act, 1872 The Notaries Ordinance, 1961 The Sale of Goods Act, 1930 The Specific Relief Act, 1877 The Copy Right Act, 2000 a র পত সm t pতয র পণ আiন, 2001 The State Acquisition and Tenancy (SAT) Act, 1950 The Acquisition and Requisition of Immovable Property Ordinance, 1982 জ ত য় গহ য়ন কর তপk আiন, 2000 The Abandoned Buildings (Supplementary Provisions) Ordinance, 1985 The Alluvial Lands Act, 1920 The Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order) The Charitable and Religious Trusts Act, 1920 The Charitable Endowments Act, 1890 The Conservator of Ports, Lands and Buildings (Recovery Of Possession) Act, 1967 (East Pakistan Act) The Acquisition of Waste Land Act, 1950 (East Bengal Act) The Waqfs Ordinance, 1962 (East Pakistan Ordinance) The Partition Act, 1893 The Prevention of Transfer of Property and Removal of Documents and Records Act, 1952 (East Bengal Act) The Public Demands Recovery Act, 1913 (Bengal Act) The Hats and Bazars (Establishment and Acquisition) Ordinance, 1959 (East Pakistan Ordinance) The Hindu Women's Rights to Property Act, 1937 The Hindu Disposition of Property Act, 1916 The Hindu Inheritance (Removal of Disabilities) Act, 1928 The Hindu Law of Inheritance (Amendment) Act, 1929 Chapter-Two: An overview of the Transfer of Property Act, 1882 Transfer of Property Act, 1882 at a glance Object of the Law Definition/ Interpretation-Clause Immovable property

4 Immovable property under The Registration Act, 1908 Judicial decision on immovable property Movable and immovable property under the Penal Law Actionable claim Debt Mesne Profits Examples of actionable claims Easement Dominant and servient heritages and owners Illustrations Who may acquire easements Property and Transfer of property Definition of Transfer of property in the T P Act, 1882 What may be transferred Capacity to transfer Capacity to contract Forms of Transfer By act of the parties By operation of Law Operation of Transfer Oral transfer and written transfer Transfer to an unborn person Transfer for benefit of unborn person Rule against perpetuity Transfer to class some of whom come under sections 13 and 14 Transfer to take effect on failure of prior interest Vested interest and contingent interest Condition restraining alienation Restriction repugnant to interest created Condition making interest determinable on insolvency or attempted alienation Conditional transfer Condition subsequent and condition precedent Election Apportionment Illustration of apportionment by estate Part performance Essential provisions of the Transfer of Property Act, 1882 A. Sale B. Mortgage C. Charge D. Lease

5 E. Exchange F. Gift G. Actionable Claim Limitation of the Transfer of Property Act, 1882 Enactments relating to contracts to be taken as part of contract Act Transfer for which registration is compulsory Unregistered contract for sale not specifically enforceable Essential formalities of a deed regarding transfer of immovable property Chapter-Three: Rights and Proprietary Rights Definition of right Kinds of Right Human Rights Fundamental Rights Fundamental rights in the constitution of Bangladesh Creation of Rights Enforcement of right Cessation of right Rights and Duties Right in rem and right in personam Jura in re aliena and jura in re-propria Perfect and imperfect right Positive and negative right Legal and equitable right Essential elements of legal right Proprietary and personal right Public and private right Real and personal right Principal and Accessory Right Antecedent and Remedial Right Inheritable and uninheritable right Servient right and Dominant right Vested and Contingent right Domestic or municipal or national and international right Property Property mark Kinds of property (i) Corporeal property (a) Movable property (b) Immovable property

6 The Transfer of Property Act, 1882 The General Clauses Act, 1897 Government Property The Penal Code, 1860 The Code of Civil Procedure, 1908 Property liable to attachment and sale in execution of decree The Registration Act, 1908 Real and Personal property (ii) Incorporeal property 1. Leases 2. Servitudes (iii) Securities (a) Mortgage (b) Lien (iv) Trust Modes of acquisition of property Possession Prescription Agreement Inheritance The other modes of acquiring property includes- Property and the relevant theories Natural Law Theory Metaphysical theory Historical theory Positive theory Psychological theory Sociological theory Property under Islamic Law Property Public property State property Private property Chapter-Four: Possession & Ownership Definition of Possession Jus possessionis and jus possidendi Possession in fact and possession in Law Essential elements of possession Corpus of possession

7 Relation of the possessor to other persons Relation of possessor to the thing possessed Animus possidendi Kinds of possession 1. Immediate and mediate possession 2. Corporeal and incorporeal 3. Representative possession 4. Concurrent possession 5. Derivative possession 6. Constructive possession 7. Adverse possession 8. Duplicate possession Distinction between possession and ownership Possessory right gets the assistance of Law or Reasons for the protection of possession Possessory remedies Doctrine of jus tertii Principles of the acquisition of Possession Res nullius Ownership Definition of ownership Characteristics or elements of ownership Criticism of Austin s view Criticism of Salmond s view Types of ownership (i) Corporeal and incorporeal ownership (ii) Sole-ownership and co-ownership (iii) Legal and equitable ownership (iv) Vested and contingent ownership Contingent interest Distinction between vested and contingent interest An unborn person may acquire vested interest as stated in section-20 of the T P Act, 1882 Conditional Transfer Condition precedent and subsequent Fulfillment of condition precedent The main features of a condition precedent are Fulfillment of condition subsequent The characteristics of a condition subsequent are Distinction between condition precedent and condition subsequent (v) Trust and beneficial ownership (vi) Co-ownership and joint ownership (vii) Absolute and limited ownership

8 Difference between corporeal and incorporeal ownership Modes of acquisition of ownership Possession and ownership under the Civil Laws of Bangladesh The Code of Civil procedure, 1908 Private alienation of property after attachment to be void Purchaser's title Possession and ownership under the Penal laws of Bangladesh Suit for khas possession Possession and Ownership under the Muslim Laws of Bangladesh Chapter-Five: Equitable Principles under the Transfer of property Act, Doctrine of Election Illustrations Analysis of the section Rules of Election Requisition to elect Suspension of election Effect of election Compensation to disappointed transferee Forfeiture of benefit Mode of election Presumption of election 2. Doctrine of Apportionment Apportionment Illustration of apportionment by estate 3. Doctrine of Part-performance Part performance The essential elements of the doctrine of part-performance are Section-53A The requirements for the section are 4. Doctrine of Lispendense Section-52 of the T.P. Act The conditions of the applicability of the doctrines are- The consequences that may arise if the doctrine is applied Essentials of section-52 Pending suit Competent Court Collusive suit or proceeding

9 Right to property must be in question Attachment before judgment 5. Doctrine of Estoppel Section-360 (2) of the Code of Criminal Procedure Section-41 of the T.P. Act Transfer by ostensible owner Requirements of the section Section-43 of the Transfer of Property Act, 1882 Essential conditions of section-43 Comments Major types of estoppel Estoppel by record Estoppel by deed Reliance-based estoppels o Estoppel by representation of fact o Equitable estoppel promissory estoppel proprietary estoppel Reliance-based estoppels Representation of fact Equitable estoppel Proprietary estoppel Promissory estoppel Promissory estoppel requires The distinction between promissory estoppel and equitable estoppel should be noted 6. Doctrine of Cy-pres Transfer to class some of whom come under sections 13 and 14 Transfer contingent on happening of specified uncertain event 7. Doctrine of Priority Priority of rights created by transfer 8. Doctrine of Caveat Emptor 9. Doctrine of performance and satisfaction 10. Principle on covenant Types of covenant Covenant of quiet enjoyment Covenants by the lessee Covenants by the lessor Section-40 Illustration

10 Property acquired with notice of existing contract 11. Principle on Ademption 12. Presumption of Advancement 13. Principles on redemption and foreclosure Person who may sue for redemption Foreclosure Right to foreclosure or sale 14. Principle on Tacking Prohibition of tacking Mortgage to secure uncertain amount when maximum is expressed 15. Doctrine of Marshalling Securities Marshalling securities 16. Doctrine of Clog on redemption Right of mortgagor to redeem Redemption of portion of mortgaged property Description Tests Person who may sue for redemption 17. Principles on Accession Advantage gained by qualified owner As regards natural accessions As to acquired accessions Accession to mortgaged property Accession acquired in virtue of transferred ownership Accession to mortgaged property 18. Doctrine of Notice Actual notice Constructive notice Imputed notice Legal notice Notice under the Transfer of Property Act, 1882 Notice under chapter-iv i.e. from sections-58 to 104 of the Transfer of property Act, 1882 Service or tender on or to agent Notice, etc, to or by person incompetent to contract Power to make rules Notice under the Code of Civil Procedure, 1908 Suits against the Government 19. Doctrine of consolidation Right to redeem separately or simultaneously Mortgagee when bound to bring one suit on several mortgages

11 20. Doctrine of frustration 21. Rule against perpetuity Exceptions to the rule against perpetuity Transfer in perpetuity for benefit of public Bequest to religious or charitable uses Mulla s comment on the rule 22. Doctrine of contribution Contribution to mortgage-debt 23. Principles on subrogation Origin Definition Test Types Section-69 of the Contract Act 24. Doctrine of Constructive Fraud Distinction between fraud and misrepresentation Section-53 of the Transfer of Property Act states on the fraudulent transfer Fraudulent transfer Chapter-Six: Sale Essential elements of a sale Definition of Sale Sale how made Contract for sale Contract for sale to be registered, etc Distinction between Sale and Contract for sale Rights and liabilities of buyer and seller Marshalling by subsequent purchaser Discharge of Incumbrances on Sale Sale under the Sale of Goods Act, 1930 Sale and agreement to sell Contract of sale how made Chapter-seven: Law on Mortgage Definition of Mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed Simple mortgage Mortgage by conditional sale Usufructuary mortgage English mortgage

12 Mortgage by deposit of title-deeds Anomalous mortgage Comments The essentials of a mortgage by conditional sale The characteristics of a usufructuary mortgage are The main features of English mortgage are Distinction between English mortgage and mortgage by conditional sale The essential requisites of a mortgage by deposit of title deeds are Difference between Mortgage and Charge Chapter-Eight: Lease Definition of "Lessor", "lessee", "premium" and "rent" Essential elements of a lease Easement by lessor and mortgagor Who may impose easements Definition of License Grant may be express or implied Distinction between Lease and Licence Duration of certain leases in absence of written contract or local usage Leases how made Rights and liabilities of lessor and lessee Rights of lessor s transferee Exclusion of day on which term commences Duration of lease for a year Option to determine lease Determination of lease Waiver of forfeiture Waiver of notice to quit Relief against forfeiture for non-payment of rent Relief against forfeiture in certain other cases Effect of surrender and forfeiture on under-leases Effect of holding over Exemption of leases for agricultural purposes Specific performance in case of part performance of contract to lease Chapter-Nine: Gift or Heba Definition of Gift Acceptance when to be made Essentials of a valid gift

13 Kinds of Gift Onerous gifts, Onerous gift to disqualified person Universal donee Gift under Muslim law Property transferable by gift made in contemplation of death When gift may be suspended or revoked Difference between will and Gift Chapter-Ten: Transfer of Property and the Registration Act, 1908: A comparative study Registration Office Documents of which registration is compulsory Registration of contract for sale, etc Documents of which registration is optional Effect of non-registration of documents required to be registered Contract for sale to be registered, etc Unregistered contract for sale not specifically enforceable under the Specific Relief Act, 1877 Mortgage when to be by assurance Contracts not specifically enforceable Discretion as to decreeing specific performance I. Where the circumstances under which the contract is made are such as to give the plaintiff an unfair advantage over the defendant, though there may be no fraud or misrepresentation on the plaintiff's part. II. Where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff. III. Where the plaintiff has done substantial acts or suffered losses in consequence of a contract capable of specific performance. Certain registered documents relating to land to take effect against unregistered documents Registered documents relating to property when to take effect against oral agreements Time from which registered document operates Time and place of registration Time for presenting documents Re-registration of certain documents Documents executed by several persons at different times Provision where delay in presentation is unavoidable Documents executed out of Bangladesh Wills may be presented or deposited at any time Place for registering documents relating to land Place for registering other documents Registration or acceptance for deposit at private residence Persons to present documents for registration Persons entitled to present Wills and authorities to adopt

14 Enquiry before registration by registering officer Procedure on admission and denial of execution respectively Persons exempt from appearance at registration-office Essential formalities of registration under the Registration Act Documents in language not understood by registering officer Documents containing interlineations, blanks erasures or alterations Description of property and maps or plans Description of houses and land by reference to Government maps or surveys Instrument of transfer Registering Officer not to register unless certain particulars are included in an instrument of sale Particulars to be endorsed on document admitted to registration Formalities under the Transfer of Property Act, 1882 Instrument of transfer to be supported by affidavit Restriction on the transfer of certain immovable properties under the Transfer of Property Act, 1882 Immoveable Property under a contract for sale not to be transferred Immoveable Property without Khatian not to be sold Immoveable Property under mortgage not to be transferred Registration fees Registration fee for contract for sale, heba and mortgage Duties of registering officers when document presented Certificate of registration Endorsements and certificate to be copied and document returned Procedure after registration of documents relating to land Procedure after registration of documents relating to land Reasons for refusal to registrar a document Reasons for refusal to register to be recorded Remedies against the refusal order to registrar a document Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution Procedure of Registrar on such application Order by Registrar to register and procedure thereon Order of refusal by Registrar Suit in case of order of refusal by Registrar Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure Penalty for making false statements, delivering false copies or translations, false personation, and abetment Exemption of certain documents executed by or in favour of Government Chapter-Eleven: Conveyance & Drafting to the Transfer of Property Act, 1882 Definition of conveyance Drafting

15 Types of drafting A. General Deeds and Documents B. Commercial Deeds and Documents C. Organizational Deeds and Documents D. Property Deeds and Documents Requirements of deeds of transfer in general (i) Description of the deed (ii) Date on which it is executed (iii) Parties to the deed (iv) Recitals (v) Habendum (vi) Covenants (vii) Testimonium (viii) Testatum (ix) Operative words (x) Parcel (xi) Exceptions and reservations (xii) Completion of transaction Drafting of some important deeds 1. Deed of Agreement (Partnership) 2. Deed of Heba under Muslim Law 3. Tenancy Agreement of a flat for a fixed period 4. General Power of Attorney 5. General Power of Attorney (for filing a petition.e.g. writ) 6. Deed of Lease 7. Deed of usufructurary Mortgage for conditional sale 8. Deed of Contract for sale 9. Deed of Sale 10. Deed of exchange 11. Affidavit for using in the Court 12. Affidavit for the transfer of an immovable properties Annexure THE TRANSFER OF PROPERTY ACT, 1882 (ACT NO. IV OF 1882). [ 17th February, 1882 ] CONTENTS CHAPTER I PRELIMINARY

16 SECTIONS 1. Short title Commencement [It extends to the whole of Bangladesh.] 2. Repeal of Acts Saving of certain enactments, incidents, rights, liabilities, etc 3. Interpretation-clause 4. Enactments relating to contracts to be taken as part of contract Act CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (A) Transfer of Property, whether moveable or immoveable 5. Transfer of property defined 6. What may be transferred 7. Persons competent to transfer 8. Operation of transfer 9. Oral transfer 10. Condition restraining alienation 11. Restriction repugnant to interest created 12. Condition making interest determinable on insolvency or attempted alienation 13. Transfer for benefit of unborn person 14. Rule against perpetuity 15. Transfer to class some of whom come under sections 13 and Transfer to take effect on failure of prior interest 17. Direction for accumulation 18. Transfer in perpetuity for benefit of public 19. Vested interest 20. When unborn person acquires vested interest on transfer for his benefit 21. Contingent interest 22. Transfer to members of a class who attain a particular age 23. Transfer contingent on happening of specified uncertain event 24. Transfer to such of certain persons as survive at some period not specified 25. Conditional transfer 26. Fulfilment of condition precedent 27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition 28. Ulterior transfer conditional on happening or not happening of specified event 29. Fulfilment of condition subsequent 30. Prior disposition not affected by invalidity of ulterior disposition 31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen 32. Such condition must not be invalid 33. Transfer conditional on performance of act, no time being specified for performance 34. Transfer conditional on performance of act, time being specified Election 35. Election when necessary Apportionment 36. Apportionment of periodical payments on determination of interest of person entitled 37. Apportionment of benefit of obligation on severance (B) Transfer of Immoveable Property 38. Transfer by person authorised only under certain circumstances to transfer 39. Transfer where third person is entitled to maintenance

17 40. Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement 41. Transfer by ostensible owner 42. Transfer by person having authority to revoke former transfer CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (B) Transfer of Immoveable Property 43. Transfer by unauthorised person who subsequently acquires interest in property transferred 44. Transfer by one co- owner 45. Joint transfer for consideration 46. Transfer for consideration by persons having distinct interests 47. Transfer by co-owners of share in common property 48. Priority of rights created by transfer 49. Transferee s right under policy 50. Rent bona fide paid to holder under defective title 51. Improvements made by bona fide holders under defective titles 52. Transfer of property pending suit relating thereto 53. Fraudulent transfer 53A. Part performance 53B. Immoveable Property under a contract for sale not to be transferred 53C. Immoveable Property without Khatian not to be sold 53D. Immoveable Property under mortgage not to be transferred 53E. Instrument of transfer to be supported by affidavit CHAPTER III OF SALES OF IMMOVEABLE PROPERTY 54. Sale defined Sale how made Contract for sale 54A. Contract for sale to be registered, etc. 55. Rights and liabilities of buyer and seller 56. Marshalling by subsequent purchaser Discharge of Incumbrances on Sale 57. Provision by Court for incumbrance and sale freed therefrom CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES 58. Mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed defined Simple mortgage Mortgage by conditional sale Usufructuary mortgage English mortgage Mortgage by deposit of title-deeds Anomalous mortgage 59. Mortgage when to be by assurance 59A. References to mortgagors and mortgagees to include persons deriving title from them Rights and Liabilities of Mortgagor 60. Right of mortgagor to redeem Redemption of portion of mortgaged property

18 60A. Obligation to transfer to third party instead of re-transference to mortgagor 60B. Right to inspection and production of documents 61. Right to redeem separately or simultaneously 62. Right of usufructuary mortgagor to recover possession 63. Accession to mortgaged property Accession acquired in virtue of transferred ownership 63A. Improvements to mortgaged property 64. Renewal of mortgaged lease 65. Implied contracts by mortgagor 65A. Mortgagor s power to lease 66. Waste by mortgagor in possession Rights and Liabilities of Mortgagee 67. Right to foreclosure or sale 67A. Mortgagee when bound to bring one suit on several mortgages 68. Right to sue for mortgage-money 69. Power of sale when valid 69A. Appointment of receiver 70. Accession to mortgaged property 71. Renewal of mortgaged lease 72. Rights of mortgagee in possession 73. Right to proceeds of revenue sale or compensation on acquisition 74. [Repealed] 75. [Repealed] 76. Liabilities of mortgagee in possession Loss occasioned by his default 77. Receipts in lieu of interest Priority 78. Postponement of prior mortgagee 79. Mortgage to secure uncertain amount when maximum is expressed 80. [Repealed] Marshalling and Contribution 81. Marshalling securities 82. Contribution to mortgage-debt Deposit in Court 83. Power to deposit in Court money due on mortgage 84. Cessation of interest 85. [Repealed] 86. [Repealed] 87. [Repealed] 88. [Repealed] 89. [Repealed] 90. [Repealed] Redemption 91. Person who may sue for redemption 92. Subrogation 93. Prohibition of tacking 94. Rights of mesne mortgagee 95. Right of redeeming co-mortgagor to expenses 96. Mortgage by deposit of title-deeds 97. [Repealed]

19 Anomalous Mortgages 98. Rights and liabilities of parties to anomalous mortgages 99. [Repealed] Charges 100. Charges 101. No merger in case of subsequent encumbrance Notice and Tender 102. Service or tender on or to agent 103. Notice, etc., to or by person incompetent to contract 104. Power to make rules CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY 105. Lease defined "Lessor", "lessee", "premium" and "rent" defined 106. Duration of certain leases in absence of written contract or local usage 107. Leases how made 108. Rights and liabilities of lessor and lessee 109. Rights of lessor s transferee 110. Exclusion of day on which term commences Duration of lease for a year Option to determine lease 111. Determination of lease 112. Waiver of forfeiture 113. Waiver of notice to quit 114. Relief against forfeiture for non-payment of rent 114A. Relief against forfeiture in certain other cases 115. Effect of surrender and forfeiture on under-leases 116. Effect of holding over 117. Exemption of leases for agricultural purposes CHAPTER VI OF EXCHANGES 118. Exchange defined 119. Right of party deprived of thing received in exchange 120. Rights and liabilities of parties 121. Exchange of money CHAPTER VII OF GIFTS 122. Gift defined Acceptance when to be made 123. Transfer how effected 124. Gift of existing and future property 125. Gift to several of whom one does not accept 126. When gift may be suspended or revoked 127. Onerous gifts. Onerous gift to disqualified person. Onerous gift to disqualified person 128. Universal donee

20 129. Saving of donations mortis causa and Muhammadan law CHAPTER VIII OF TRANSFERS OF ACTIONABLE CLAIMS 130. Transfer of actionable claim 130A. Transfer of policy of marine insurance 131. Notice to be in writing, signed 132. Liability of transferee of actionable claim 133. Warranty of solvency of debtor 134. Mortgaged debt 135. Assignment of rights under policy of insurance against fire 135A. Assignment of rights under policy of marine insurance 136. Incapacity of officers connected with Courts of Justice 137. Saving of negotiable instruments, etc. (If you want to purchase or collect the book, Please go through our payment system)