Tuesday, October 16, 2018

Section 3 Of Transfer Of Property Act 1882 Interpretation Clause

Section 3 Of Transfer Of Property act 1882 Interpretation Clause  

Introductory Remarks 
In Every Act there are Some Clauses which Are Known as Interpretation Clause , In this act there are certain words which are explained and limited to this act 

What Is Immovable Property 

This Act has defined says that Except Gross Wood and Crop Every thing Come in the definition of Immovable property , Usually a thing is said to be immovable property as long as it is attached to the earth , as soon as it is removed from the earth it become movable property , Moreover T.P.A. deal with immovable property .

What Is Meant By Instrument Under T.P.A

According to Transfer Of Property Act 1882 Instrument Means every Instrument which is Created by a living person to a Living Person , In short the instrument which is not will nor inheritance is Instrument under T.P.A.

What Is Meant By Attested 


According to Transfer Of Property act , Every Instrument which is signed by two witnesses other then the parties , Moreover it is not necessary that the witnesses at a time have signed the instrument. Nor the presentment of the writer is Necessary .

Attached To The Earth 

It is Related to immovable Property , For example , 
1 Everything it has root in earth
2 Everything which is constructed on earth
3 Attached to anything which has root in land
i.e . Plant , Bulding , etc.

What Is Actionable Claim 


Everything Which is claimed in the court of law , for Example
Unsecure Debt , Unpaid Salary etc.

What Is Notice 

To Inform a person , are to bring a thing to the knowledge of a person , there are different kinds of notice ,

Express Notice  , A Notice to a person directly
Constructive Notice , when a notice is served to a person properly but the person refuse to accept the notice is known as constructive notice

Imputed Notice 

, A Notice to a person through his agent or when a principal delegated his power to his agent and and notice is served to such agent is known as imputed notice

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