transfer of property act in urdu pdf

Transfer of Property Act, 1882 - Khalid Zafar & Associates

Transfer of Property Act, 1882

The Transfer of Property Act 1882 regulates the transfer of property in Pakistan. The Act was passed by British India and it contains specific provisions regarding what constitutes a transfer and the conditions attached to it.

Khalid Zafar Graduated in commerce from Hailey College of Commerce, University of the Punjab, Lahore, Pakistan and obtained his law degree from University of the Punjab, Lahore, Pakistan. He has a diversified experience of over 21 years as a litigator and corporate lawyer and has worked with leading law firms including Cornelius, Lane & Mufti; Mandviwalla & Zafar; Surridge & Beecheno; and Hassan & Hassan in the years 1999 through 2012.

Ms. Aleena Waheed Hashmi obtained her graduation in Law from Punjab University Law College, Lahore and later pursued her Masters in Social Work. Ms. Waheed holds practicing license of Punjab Bar Association. The area of expertise is corporate, banking, commercial and transactional practice. Aleena is advising and providing legal services to the clients of her law firm and represents her law firm in all sorts of commercial, corporate and banking matters. Ms. Waheed has an ability and extensive experience of drafting more complex documents like persuasive briefs and motions that require comprehension of complicated fact patterns, analysis of numerous legal issues or questions of law and review of voluminous transcripts and records. With such a broad understanding of law, she has been able to better assist every client with her variety of activities.

Ms. Mahnoor Nazir graduated in law from Punjab University and has done her masters in English literature as well from Punjab University. She is a lawyer who specializes in problem-solving, legal writing and has expertise in civil and banking laws. With a thorough understanding of the law, she pays close attention to the problem solving of the firm’s client and device strategies for the success completion of transactions. She has also successfully served clients from all around Pakistan with a variety of legal concerns. Mahnoor competently represent the firm’s client in the court of law and prepare the case briefs successfully.

Hamza graduated from Punjab University Law College (PULC) and also holds a Masters degree in Political Science. He is a practicing member of Punjab Bar Association. He handles all the civil, banking and commercial litigation of the firm. Hamza has expertise in revenue and land matters and has been doing land records due diligence. He is handling the corporate matter like Intellectual Property Rights, registration of limited liability companies, partnership matters, trademarks and copyrights etc. Hamza is handling the transactional banking matters including but not limited to property opinions, structuring and execution of the transactions. He has legal acumen and skills for solving various kinds of legal propositions and issues successfully.

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Technical terms in Pakistani Land Revenue and Property (Urdu , Persian and Arabic)

At Josh and Mak International, we understand the importance of clarity and effective communication when dealing with clients requiring guidance on Pakistani Land Property records and we aim provide them with a better understanding of the legal landscape.Therefore we have compiled a comprehensive guide to commonly used Urdu, Persian and Arabic legal and technical terms in land revenue law in Pakistan. Please note that this is a non-exhaustive list and is intended to serve as a helpful resource or reference only.

While this guide provides a basic understanding of the commonly used Urdu, Persian and Arabic legal and technical terms in land revenue law, it is essential to consult with experienced legal professionals to navigate the complexities of land-related matters in Pakistan. At Josh and Mak International, we offer specialized legal services to assist our clients in understanding and effectively dealing with land revenue law issues. Our knowledgeable team is ready to provide expert advice and guidance tailored to your specific needs. Contact us today at [email protected] to schedule a consultation and explore how we can assist you in land revenue matters in Pakistan.

For a list of English terms and their meanings you can click here

December 14 , 2023

Moorosi Land : This term refers to hereditary land. In the Pakistani context, ‘Mauroosi’ is used to describe occupancy tenants whose rights are heritable and can even be sold with the consent of the landlord.
Survey Land : Typically, this would refer to land that has been surveyed officially to determine its boundaries and area for official records. However, the specific term ‘Survey Land’ does not appear in the source, and it might be used locally to denote land that has been demarcated and recorded through a formal survey process.
Shamilat Land : Refers to common land within a revenue estate, which is further divided based on distribution criteria such as the amount of land revenue paid, the area of land owned, or the shares indicated in the Genealogical Tree (Shajra Nasab).

November 15, 2023 : Status of Gol Kara in Pakistani land law

“Gol Kara,” in the context of property and land ownership in Pakistan, refers to a traditional, informal way of demarcating land or property. It’s a term used in rural areas, particularly in the context of agricultural land. The phrase “Gol Kara” literally translates to “making round” or “encircling,” and it pertains to a method of identifying and demarcating land boundaries.

In the Gol Kara system, the boundaries of a piece of land are marked by physically walking around it. This is often done in the presence of community members, neighbors, and sometimes local officials. The process is typically accompanied by certain rituals or formalities, which may vary from region to region. The idea is to create a physical and social acknowledgment of the boundaries and, by extension, the ownership of the land.

Determining ownership in the Gol Kara system is largely based on communal recognition and historical possession rather than formal documentation. It relies heavily on the collective memory and acknowledgment of the local community. The community’s recognition of an individual’s or family’s longstanding possession and use of the land serves as the primary evidence of ownership. This method, while deeply rooted in local tradition and social practices, can sometimes lead to disputes due to its informal and non-documentary nature.

In legal terms, however, the Gol Kara system lacks the formal legitimacy provided by official land records, such as registry or mutation documents (Intiqal) in Pakistan. The formal process of land registration and title deeds is crucial for legal recognition and protection of property rights. This is particularly important in cases of disputes or for engaging in legal transactions like selling or mortgaging the property.

We advise clients on the necessity of formal land registration and documentation. While the Gol Kara system is an interesting aspect of traditional land demarcation, reliance on it alone can lead to legal complications. Therefore, it’s advisable for property owners to ensure their land is formally registered and documented in accordance with the relevant laws and regulations of Pakistan.There is also no mention of Gol Kara or its recognition in any reported case law.

November 11, 2023 Legal Note: Understanding the Terms in Land Records: Khewat, Khatooni, Khasra Number etc.

Mouza: This is a larger unit, typically comprising one large village or a combination of several smaller villages. The name of the Mouza is registered based on the name of the village or area.
Khewat Number: Once a Mouza is established, it includes lands belonging to many people and families. To simplify the division of these lands, Khewat numbers are assigned. For example, if a family owns one hundred acres, a number is assigned to indicate that this particular Khewat number in the Mouza belongs to this family. A Khewat can also be formed by combining lands of different families or individuals. This number may change if any land is sold or any other changes occur.
Khatooni Number: After the formation of the Mouza and assignment of Khewat numbers, there are numerous owners within a Khewat. To identify the specific landholding of each individual within the Khewat, each share is assigned a Khatooni number. For instance, if there are ten acres in Khewat number 1 with two owners each holding five acres, they will be assigned separate numbers, known as Khatooni numbers. These numbers also change if someone sells their share or other changes take place.
Khasra Number: In the example of the Khatooni with five acres (though the actual number may vary), each acre is given a specific number known as the Khasra number. This number never changes, even if the land is sold. The dimensions of each land plot, including length and breadth, are also recorded under its Khasra number.
Masavi (Shajra): This is a map of the Mouza, detailing where each field is located, along with paths and other features. The Patwari (village accountant) keeps this map on a cloth, often referred to as ‘Latha’.
Jamabandi: This record details the ownership within a Mouza for a particular Khewat, Khatooni, and Khasra. It includes information on who owns the land and who is cultivating it, whether on lease or otherwise. Land ownership certificates are issued based on the details in this register.
Girdawari: This is a record maintained by the Patwari, detailing what is being cultivated on the land or what has been cultivated. It is referred to as Girdawari.

Important Note: Always purchase land based on the Khasra number. For instance, suppose a person owns two acres with Khewat number 1, Khatooni number 5, and Khasra number 50 for one acre, and Khatooni number 10 with Khasra number 100 for the second acre. If you intend to buy one acre, and choose the one with Khasra number 50, ensure that the sale deed is specifically for this Khasra number. Otherwise, legally, you could end up owning half an acre each in Khasra number 50 and 100. Even if the seller is allowing you to cultivate the desired Khasra number 50, future disputes may arise among descendants about the specific land ownership. This example is for two acres, but it often happens with larger landholdings, leading to complications later. Therefore, always verify thoroughly before purchasing land.

Recent query 5th of September 2023

What is the meaning of K hatooni /Purcha Taqseem?

In Pakistan, “Khatooni” or “Purcha Taqseem” refers to a record or document that contains information about the ownership and distribution of land or property within a specific area or village. It is a crucial part of the revenue record system in rural and agricultural areas. Khatooni records typically include the following information:

Land Ownership Details: Khatooni records list the names of individuals or entities who own land within a particular village or area. It specifies the size and boundaries of each landholding, as well as the names of the owners.

Nature of Land: The document may indicate whether the land is agricultural, residential, commercial, or falls under some other category. This classification helps in determining land use and tax assessment.

Distribution of Land: Khatooni records also show how the land is distributed among the various landowners. It may detail the shares and portions of land owned by each individual or family.

Tax Assessment: These records are used for assessing land revenue and property taxes. The government relies on the information in Khatooni records to determine the tax obligations of landowners.

Mutation and Land Titles: Changes in land ownership, whether due to inheritance, sale, or other transactions, are recorded in Mutation entries based on the information in Khatooni records. Mutation records are crucial for establishing legal ownership of land.

Land Rights: Khatooni records can be important evidence of land rights and claims. They establish a historical record of landownership and can be used to resolve disputes related to landownership and boundaries.

It’s important to note that Khatooni records are typically maintained by revenue authorities at the local level and play a vital role in land administration and revenue collection. These records are essential for landowners, as they provide documentation of land rights and ownership. Additionally, they serve as a reference for government agencies when assessing land taxes and resolving land-related issues.

The case with Citation Name: 2018 MLD 151 Karachi-High-Court-Sindh provides insights into the significance of “Khatooni/Purcha Taqseem” records in the context of land ownership disputes in Pakistan.

In the case with Citation Name: 2018 MLD 151 Karachi-High-Court-Sindh , the key points and outcome can be summarized as follows:

Legal Framework: The case was based on provisions from several legal statutes, including the Transfer of Property Act (1882), Qanun-e-Shahadat (1984), and the Sindh Land Revenue Act (1967).

Nature of the Suit: This case centered around a suit for specific performance, meaning that the appellant, Nazeer Ahmed, sought to enforce a sale agreement with the vendor, claiming ownership based on Khatooni/Purcha Taqseem records.

Contention of the Appellant: Nazeer Ahmed, the plaintiff, contended that he had entered into a sale agreement with the vendor, who possessed a Khatooni in his favor. Nazeer Ahmed argued that he had paid earnest money, and the sale agreement was bona fide.

Contention of the Opponent: The defendants, who were the owners in possession of the land, denied the deceased vendor’s title, stating that he was not in possession of the land, and the Khatooni was not mutated in the record-of-rights.

Legal Protections Under Section 41: The case highlighted the importance of Section 41 of the Transfer of Property Act, 1882, which provides protection to bona fide purchasers for value without notice of any defect in the title of the transferor. To avail of this protection, four conditions must be met, including acting in good faith and taking reasonable care.

Failure to Establish Bona Fides: The court found that the plaintiffs failed to establish their bona fides. They did not take reasonable care to investigate the ownership history of the land, which disentitled them to claim the exception under Section 41 of the Transfer of Property Act, 1882.

Void Contract: The court emphasized that the sale agreement with the deceased vendor was void because he did not have legal ownership of the land. Consequently, the relief of specific performance was not available for a “void” agreement.

Khatooni as Evidence: The case clarified that a Khatooni is not a title document but a register of individuals cultivating or occupying land. It must be supported by mutation in the record-of-rights as per the Land Revenue Act, 1967, which was not established by the plaintiffs or Revenue Officials.

Outcome: In summary, the court dismissed the revision, affirming the lower court’s judgment. The plaintiffs were unable to establish the validity of their sale agreement based on Khatooni/Purcha Taqseem records, as the deceased vendor did not have legal ownership, and the necessary legal procedures were not followed. The court ruled that the alleged contract was void, and the relief of specific performance was not available.

Overall, this case highlights the importance of thoroughly verifying land ownership, even when relying on Khatooni records, and the legal consequences of transactions with individuals who do not have valid title to the property.

Here are the key takeaways from this case:

Khatooni/Purcha Taqseem as Evidence : The case underscores that Khatooni or Purcha Taqseem records are considered important evidence in land-related matters. These records contain information about landownership and distribution within a specific area or village.
Legal Ownership and Mutation : The case highlights that legal ownership of land is not solely established by the presence of a Khatooni or Purcha Taqseem in the name of an individual or entity. Instead, it emphasizes that ownership must also be confirmed through the process of mutation in the official record-of-rights.
Importance of Bona Fide Purchase : The case underscores the importance of bona fide transactions in land dealings. It suggests that when individuals enter into sale agreements based on Khatooni records, they should ensure that their purchase is genuine and in good faith.
Protection Under Section 41 : Section 41 of the Transfer of Property Act, 1882 is mentioned in the case. It provides protection to bona fide purchasers for value without notice of any defect in the title of the transferor. However, to avail of this protection, certain conditions, including acting in good faith and taking reasonable care, must be met.
Verification of Land Ownership : The case emphasizes the need for purchasers to verify the ownership and title of the land beyond the existence of a Khatooni or Purcha Taqseem. In this case, the applicants/plaintiffs failed to establish their bona fides because they did not take reasonable care to investigate the ownership history.
Void Contracts : The case highlights that transactions with individuals who do not have legal ownership of the land can result in void contracts. In such cases, the relief of specific performance may not be available.
Lis Pendens : The principle of lis pendens, which refers to the rule that pending litigation affects the rights of third parties, may not apply when there is already an existing independent title. This means that a purchaser cannot claim rights over a property if they were aware of an independent title held by another party.
Role of Revenue Officials : The case mentions that Revenue Officials are custodians of Khatooni records and that someone claiming title based on Khatooni must establish the entry/mutation in the official record-of-rights, as maintained under the Land Revenue Act, 1967.
Decision Outcome : In this specific case, the court concluded that the sale agreement was void because the vendor did not have legal ownership of the land. Therefore, the relief of specific performance was not granted to the applicants/plaintiffs.

Overall, the case serves as a reminder that while Khatooni/Purcha Taqseem records can provide initial information about landownership, they must be supported by proper legal procedures, including mutation in the official record-of-rights, to establish and protect land ownership rights effectively. Failure to do so can lead to disputes and legal challenges.

Update (July 27, 2023)

Message for those having a problem reading Fard-Nama and other property documents in Pakistani which are primarily in Urdu.

Message in Urdu

زمین کے کھاتوں میں موضع کھیوٹ کھتونی خسرہ نمبر مساوی (شجرہ) جمعبندی گردآوری اور دیگر اصلاحات کیا ہیں؟ تفصیلات 1- موضع : یہ ایک بڑا یونٹ ہوتا ہے جو عموماَ ایک بڑے گاؤں یا ایک سے زیادہ چھوٹے گاؤں کو ملا کر بنایا جاتا ہے۔ موضع کا نام اس گاؤں یا ایریا کے نام پر ہی درج ہوتا ہے ۔ 2- کھیوٹ نمبر: جب موضع بن جاتا ہے تو اس میں بہت سارے لوگوں اور خاندانوں کی زمین شامل ہوتی ہے اس کی تقسیم مزید آسان بنانے کے لیے کھیوٹ نمبر دے دیے جاتے ہیں، مثلا یہ ایک سو ایکڑ ایک خاندان کے پاس ہے اسے ایک نمبر دے دیا کہ فلاں موضع کا یہ کھیوٹ نمبر ہے جو فلاں خاندان کے ان ان حصہ داروں کے پاس ہے۔ یا مختلف خاندانوں یا لوگوں کی زمین کو ملا کر بھی ایک کھیوٹ بنایا جاتا ہے۔ اس کا نمبر تبدیل ہو سکتا ہے جب کوئی زمین فروخت کرتا ہے یا ایسی کوئی تبدیلی ہوتی ہے تو آپ کے کھیوٹ کا نمبر بدل جاتا ہے۔ 3- کھتونی نمبر: موضع بھی بن گیا، اس میں کھیوٹ نمبر بھی لگ گئے اب کھیوٹ میں بہت سارے مالکان ہیں کسی کے پاس پانچ ایکڑ ہے کسی کے پاس دس اور کسی کے پاس دو ایکڑ تو ان کو کیسے پہچانے گے کہ اس کھیوٹ میں کونسے بندے کی کتنی زمین ہے تو اس کے لیے ہر حصہ دار کو ایک کھتونی نمبر لگا دیا جاتا ہے۔ مثلا کھیوٹ نمبر 1 میں دس ایکڑ زمین ہے اور دو مالک ہیں پانچ پانچ ایکڑ کے تو ان دونوں کو الگ الگ نمبر دے دیا جائے گا پانچ پانچ ایکڑ کا جسے کھتونی نمبر کہتے ہیں۔ یہ نمبر بھی تبدیل ہوتا رہتا ہے جب کوئی اپنے حصے سے فروخت کر دے کسی کو یا ایسی کوئی دوسری تبدیلی ہو۔ 4- خسرہ نمبر: اب ایک کھتونی میں جو پانچ ایکڑ تھے (جو ہم نے مثال میں لیے پانچ ایکڑ، حقیقت میں ان کی تعداد جو بھی ہو گی) ہر ایکڑ کو ایک خاص نمبر دیا جاتا ہے جو خسرہ نمبر کہلا تا ہے۔ یہ نمبر کبھی تبدیل نہیں ہوتا چاہے کوئی فروخت کرے مگر کھیت کا خسرہ نمبر ایک ہی رہے گا۔ اور اس میں کھیت کی چاروں طرف سے پیمائش بھی لکھی ہوتی ہے کہ اس خسرہ نمبر کا جو کھیت ہے اس کی لمبائی چوڑائی وغیرہ کیا ہے۔ 5- مساوی: (شجرہ) یہ موضع کا نقشہ ہوتا ہے، کہاں کس کا کھیت ہے کہاں راستہ ہے کہاں کیا ہے سب اس میں ہوتا ہے۔ پٹواری کے پاس یہ نقشہ ایک کپڑے پر بنا ہوتا ہے جسے لٹھا بھی کہا جاتا ہے۔ 6- جمعبندی: اس میں ایک موضع کے کسی کھیوٹ کی کسی کھتونی کے کس خسرہ میں کتنے مالک ہیں سب کی تفصیل درج ہوتی ہے۔ اس میں یہ بھی درج ہوتا ہے کہ مالک کون ہے اور زمین کاشت کون کر رہا ہے ٹھیکہ پر یا کیسے۔ زمین کی فرد بھی اسی رجسٹر کی تفصیل کی بنیاد پر جاری ہوتی ہے۔ 7- گردوری: آپ جس رقبہ کے مالک ہیں یا مزارع ہیں اس رقبہ میں کیا کاشت ہوتا ہے یا کیا کاشت کیا ہوا ہے اس کی تفصیل بھی پٹواری درج کرتا ہے اسے گردوری کہتے ہیں۔ اہم نوٹ: زمین خریدتے وقت ہمیشہ خسرہ نمبر کی فرد کی بنیاد پر زمین خریدیں۔ مثلا فرض کریں ایک بندہ دو ایکڑ کا مالک ہے اس کا کھیوٹ نمبر 1 اور اس کے دو ایکڑ کھیوٹ نمبر 1 کی الگ الگ کھتونی نمبر 5 خسرہ نمبر 50 اوردوسرا ایکڑ کھتونی نمبر 10 میں خسرہ نمبر 100 ہیں۔ آپ اس سے ایک ایکڑ خریدنا چاہتے ہیں اور وہ آپ جو پسند کرتے ہیں اس کا خسرہ نمبر 50 ہے مگر اسے فرد اس 50 نمبر خسرہ کی نہیں بلکہ پوری رقبے کی کھیوٹ سے ملتی ہے جس میں وہ آپ کے نام ایک ایکڑ کروا دیتا ہے تو اب قانوناَ آپ اس کے دونوں ایک میں خسرہ نمبر 50 اور خسرہ نمبر 100 میں آدھے آدھے ایکڑ کے مالک بن جائیں گے اور اگر خسرہ نمبر 50فرد ہی آپ کو دے گا تو اس کی بنیاد پر وہی ایکڑ پورا آپ کے نام لگے گا۔ بیشک وہ آپ کو آپ کا پسند کیا ہوا خسرہ نمبر 50 ہی کاشت کے لیے دے رہا ہو مگر مستقبل میں آپ کے بچوں میں جھگڑا ہو سکتا ہے کہ آپ کے یا اس کے بچے کہیں آپ کا آدھا ایکڑ یہاں بول رہا ہے یہاں جاؤ ہمارا وہاں ہے ہم وہاں جائیں گے وغیرہ۔ یہ تو دو ایکڑ کی مثال تھی اکثر ایسا ہوتا ہے کہ کسی زیادہ ایکڑ کے مالک سے زمین خرید لیں تو بعد میں وہ کہتا ہے کہ میں نے یہ ایکڑ نہیں بلکہ کوئی دوسرا دیا تھا لہذا اسے کاشت کرو جا کر وہ چاہے بنجر ہو۔ اس لیے زمین لینے سے پہلے تسلی کر لیا کریں۔

Message in English

In Pakistani land records:

1- Mauza: It is a large administrative unit formed by combining several villages or small settlements. The name of the mauza is usually based on the name of the village or area.

2- Khewat Number: When a mauza is established, it includes the lands of many individuals and families. To simplify its distribution, khewat numbers are assigned. For example, if a mauza contains 100 acres and belongs to a particular family, it will be given Khewat Number 1, indicating that it belongs to that specific family. Different lands owned by various families or individuals may also be combined to form a single khewat.

3- Khatauni Number: Once a mauza is established and assigned khewat numbers, each khewat contains the lands of multiple owners. To identify the individual plots within a khewat, khatauni numbers are assigned. For example, in Khewat Number 1, there might be 10 acres owned by one person, 5 acres by another, and 2 acres by yet another. Each individual’s plot is distinguished by a khatauni number. These numbers may change when a land is sold or undergoes other changes.

4- Khasra Number: Within each khatauni, each acre of land is given a specific identifier called the khasra number. This number remains constant and does not change even if the land is sold. The khasra number also contains measurements of the plot’s length, width, etc.

5- Musavi (Map): This is a map of the mauza, showing the location of each khewat, roads, and other features.

6- Jamabandi: Jamabandi is a record that contains details of all the khewats, khataunis, and khasra numbers of a mauza. It also includes information about the owners and the type of crops cultivated.

7- Girdawari: Girdawari is a record that lists the name of the landowners and farmers in a specific area, along with the details of the crops grown or currently being cultivated.

Important Note: When purchasing land, always buy based on the khasra number. For example, if someone owns 2 acres with Khewat Number 1, and within that, they have 1 acre with Khatauni Number 5 and Khasra Number 50, and another acre with Khatauni Number 10 and Khasra Number 100. If you want to buy one acre from them, and they give you the acre with Khasra Number 50, then legally, you will own half of Khatauni Number 5, and if the other person has given you Khasra Number 100, you will own the entire acre within Khatauni Number 10. Therefore, it is essential to verify and confirm all the details before purchasing land.

Updated (July -1-2023) : Glossary of Land Revenue Terms in Urdu and English:

These are the updated glossary terms with their respective English meanings. This glossary covers various terms related to land revenue, land ownership in Pakistan, agriculture, and other administrative procedures involved in the management of revenue estates. It provides valuable information and explanations for individuals involved in land management, revenue collection, and agricultural practices in the context of Urdu-speaking regions.

Any area for which a separate record of rights has been made.
Any area which has been separately assessed to land revenue.
Any area declared to be an estate by the Board of Revenue through general rule or special order.
A settlement or inhabited site of a village.
A residential area or settlement within a village.
A boundary line that marks the limit of village Abadi in the field map (Musavi).
It is drawn in black ink and is known as “lal lakir.”
A map of the revenue estate prepared on a mapping sheet.
A detailed map of a revenue estate showing individual fields.
A field map of a revenue estate prepared on cloth for the use of the village Patwari.
A supplementary map prepared in the mutation register and “Musavi do murabba wali” when a portion of Khasra No. changes.
A portion or subdivision of a field identified by a Khasra number.
Pillars erected at points where the boundaries of three or more Revenue Estates meet.
Small survey pillars erected between two Tri-junction pillars at every angle on the boundary line.
The process of verifying the distance between Tri-junction and survey pillars on the field using a “Jareeb” (chain) and on a field map using “Paimana” (patwari scale).
The dimensions of a field, representing its length and breadth.
A method of calculating the area of irregular fields by taking the average of length and breadth.
A record prepared as a result of settlement, consolidation, and killa bandi operation, documenting rights and ownership details.
A revised edition of the Record of Rights prepared after every four years.
A genealogical tree that traces the ownership history of land in a revenue estate, usually divided into parts A and B.
Serial number given to every Revenue Estate of a Tehsil by the Settlement Officer.
Serial number allotted to owners in the Register Haqdaran Zamin (Land Ownership Register).
Serial number allotted to cultivators in the Register Haqdaran Zamin (Land Ownership Register).
A statement prepared by canal Patwaris for each harvest, showing the area cultivated, land revenue, and water rate to be recovered.
Rough preliminary documents prepared during settlement or consolidation operations of an estate before the preparation of the Record of Rights.
A memorandum or copy of holding slips given to owners and cultivators for verification and record.
A register maintained by Wasal Baqi Nawis in each Tehsil Office showing head-wise demand, recovery, and balance of Government dues relating to each Lamberdar (headman).
Landowners who, after the implementation of Land Reforms, became owners of the land.
Landowners who became extinct after the implementation of Land Reforms.
An owner of the land who has no rights in the common land (Shamlat Deh) of the revenue estate.
A vendee whose name is shown in the cultivation column of the Register Haqdaran Zamin but not in the owners’ column.
A type of mortgage where the mortgager retains possession of the property.
A type of mortgage where the mortgagee does not have physical possession of the property.
The person who mortgages the property.
The person who receives the mortgaged property.
Tenants who, due to the implementation of Land Reforms, have acquired almost the rights of ownership.
Tenants who do not have permanent rights and can be removed at any time.
Statements of customs respecting rights and liabilities in the estate, prepared during settlement.
Copy of some conditions from the village administration papers.
Common land in a revenue estate, divided into three types based on distribution criteria
شاملات دیہہ حسب رسد زر کھیوٹ (Common Land Distributed based on Land Revenue)
A common land of the revenue estate distributed among the owners based on the amount of land revenue they pay.
شاملات دیہہ حسب رسد کھیوٹ (Common Land Distributed based on Area)
A common land of the revenue estate distributed among the owners based on the area of land they possess.
شاملات دیہہ حسب حصص جدی (Common Land Distributed based on Genealogical Tree)
Common land distributed based on the shares already given in the Genealogical Tree (شجرہ نسب) under the column “Paimana Haqiat (پیمانہ حقیقت).”
پتی / طرف / ٹھُلہ (Sub-division of Estate)
A sub-division of the estate representing a specific section or part.
پرتہ (Rate Of Land Revenue)
The rate at which land revenue is calculated and paid.
باچھ (Distribution of Revenue over Holding)
The allocation of revenue among the landowners or landholders based on their respective holdings.
ڈھال باچھ (Statement of Demands for Recovery)
A statement showing the names and amounts of government dues recoverable from landowners to be given to the Lambardar (headman) for recovery in each harvest.
فرد باچھ / فرد تفریق باچھ / فرد ڈھال باچھ (Individual Statements of Demands)
A statement showing land revenue and other cases realizable from each individual holding (کھیوٹ).
نزول لینڈ (Escheated Land)
Land or building escheated to the government due to the failure of heirs.
طلبانہ (Charge for Serving Summons)
The fee charged for serving a summons.
دستک (Notice of Demand)
A notice sent to demand the payment of land revenue.
قرق تحصیل (Attachment of Defaulters’ Land)
A coercive process under Section 85 of the Land Revenue Act, 1967, where the land of a defaulter is attached due to arrears of land revenue.
خام تحصیل (Direct Management of Defaulters’ Land)
The direct management of a defaulter’s land by the government after the annulment of assessment under Section 86 of the Land Revenue Act, 1967.
فصل خریف (ساونی) (Autumn Harvest)
Crops sown during the period from 1st April to 31st May and inspected in October. Main crops include چاول، مکئی، کپاس، کماد، باجرہ.
زائد خریف (Extra Autumn Harvest)
Extra autumn harvest inspected from 15th November to 30th November. Main crops include آلو، توریا.
فصل بیعہ (ہاڑی) (Spring Harvest)
Crops sown during the period from 15th September to 15th November and inspected in March. Main crops include جو، گندم، تارامیرا (سرشف)، سرسوں(نخود)، چنے.
زائد ربیعہ (Extra Spring Harvest)
Extra spring harvest inspected from 15th April to 30th April. Main crops include تھوم، تمباکو، تربوزہ، خربوزہ.
کنکُوت یاکَن (Appraisement of Crops)
The assessment of the yield from standing crops.
پنجوترہ (فیس نمبرداری) (Panchayat Fee)
A fee paid to the Lambardar (headman) out of the government dues collected and deposited by him.
عرض ارسال (Memorandum for Deposit)
A memorandum given by the Patwari to the Lambardar showing the head-wise amount of Government dues taken to the Tehsil for depositing into the treasury.
سیاہ (Cash Account)
The daily cash account of a Tehsil.
سیاہ نویس (Clerk for Cash Account)
The clerk responsible for writing up the Siah (سیاہ).
فرد رفتار (Crops Inspection Program)
The crops inspection program prepared by the Patwari, showing the dates on which he will carry out Girdawari of a particular village of his circle.
جنسوار (Statement/Return of Crops)
The statement or return of crops for a particular harvest.
وتر (بدستور) (Diagonal Line in Register Girdawari)
The diagonal line in Register Girdawari indicating no change in cultivation and rent.
چاہی (Land Irrigated by Well)
Land irrigated by a well.
نل چاہی (Land Irrigated by Tube-well)
Land irrigated by a tube-well.
تقادی (Government Loan for Agricultural Purposes)
A loan granted by the government to a landowner for agricultural purposes.
چٹھہ جات (Rough Preliminary Documents)
The rough preliminary documents prepared during settlement operations before the preparation of the Record of Rights (مسل حقیقت).
قسط بندی (Fixed Land Revenue Demand)
The demand statement of fixed land revenue.
شریک کاشت (سیری) (Co-sharer Cultivator)
A person who cultivates another person’s land as a co-sharer based on agreed conditions but does not enjoy the status of a tenant.
لال کتاب (Village Note Book)
A book prepared for each revenue estate, comprising eleven statements showing all particulars of the estate. It is also prepared in a consolidated form for each Assessment circle, Tehsil, and District.
مقریدار (Tenant with Occupancy Rights)
A tenant who has occupancy rights only in Attock District, Punjab (Para 211 of S.M.).
حبوب۔ سوائی (Sesses)
A type of tax or cesses imposed on certain items or commodities.
آدھ لاپی (Half Shareholder)
A person who, by sinking a well in another person’s land, acquires ownership in half of the land attached to the well.
ترنی / بھونگا / انگ (Cesses on Cattle)
Cesses or taxes levied by landowners on other residents in a village for grazing their cattle in village waste.
بیگہ (Measure of Area)
A measure of area, where one Biga is half an acre in Western Punjab (4 Kanals).
بُوٹی مار (Cultivator with Permanent Rights)
A tenant who has acquired permanent rights in the land by clearing “Jangal” (uncultivated land). Acquiring permanent rights is one of the conditions set by the government for claiming ownership.
چیکوتا (Lump Grain Rent)
Rent consisting of a fixed amount of grain in the rabi season.
سرسری پرتہ (Uniform Rate of Land Revenue)
An all-round rate of land revenue without discrimination based on soil type or land class.
سیر مانی (Fee for Proprietary Title)
A fee of one ser in the mound of produce paid as recognition of proprietary title.

Update June (2023)

Glossary of New Terms in Pakistani Property Law

Abadi: Inhabited site of a village.

Abi: Watered by lift from tanks, pool, or streams.

Assigned: Land that could normally be resumed by the ruler.

Banjar Kham: Land that has remained unsown for 4 to 11 successive harvests.

Batali Rent: Rent taken by division of produce.

Banjar Jadeed: Cultivatable land which has not been cultivated for four consecutive crops.

Banjar Qadeem: Land which has not been cultivated for eight consecutive crops.

Barani: Rain-fed.

Berun Line: Outside the demarcated forest. Line is fixed by erecting pillars of stone and masonry.

Chahi: Irrigated by a well.

Charsala: The revised edition of the record of rights of a village/estate, prepared once in every 4 years to update Jamabandi, Shajra Kishtwar, and Shajra Nasab.

Deh: Village or estate.

Demarcated forests: Forest land or waste land under the control of the Forest Department of which boundaries have already been demarcated by means of pillars of stone or masonry.

Farad: A copy of land record.

Farm Land: Is almost entirely privately-owned land, except in the case of ‘Najaiz Nautor’ or illegally encroached and cultivated state land.

Ghahcharaee: The grazing of cattle, sheep, and other livestock.

Ghair Mumkin: Uncultivated land such as the bed of a nullah, road graveyard, etc.

Girdawar: Revenue official who supervises the work of three or more Patwaris in his halqa (Circle).

Girdawari: Periodical crop inspection, carried out usually twice a year by the patwari to verify the nature of crops, ownership, and if people actually have possession of land, etc.

Granted: Land that could normally not be resumed, just as a gift under Muslim Law cannot be revoked after delivery of possession.

Grazing Land: The village community’s time-honored right to graze its cattle and flocks in state-owned forests, unless any part is closed for regeneration purposes. In every village, there is common land or community land or Shamilat, which is set apart for the purpose of pasturage, graveyard, drinking of water by men or cattle. This land is called grazing land.

Hail: Land of the best kind, by virtue of its proximity to the ‘abadi’ (residential houses).

Jama Bandi: Record of Rights.

Jangal: Uncultivated land covered with trees.

Jinswar: Return of Crops.

Jareeb Kash: Hired laborer or private person provided by those land-owners who handle the Jareeb during the measurement of land in settlement operations.

Jareeb: An iron chain used to measure the land during settlement of land.

Kaap: Grassland used, because of its steep slope or rugged nature.

Kanungo: Supervisor of Patwaries.

Karam: A unit of linear measurement, equal to 5 feet and 6 inches.

Khali: Not under crop.

Khasra Girdawari: Crop inspection register.

Khata/Khatuni: The term holding is known as Khewat and the tenant’s holding as khatuni. The term is also known as Khata.

Khasara No: A portion of land of which the area is separately entered under an indicative number in the record of rights.

Khasra: List of village fields in a village.

Khalsa Land: Un-encumbered land “pure” or “free” undisputedly used in reference to crown or state-owned land.

Kharaba: A portion of cultivated land where crops have been damaged or destroyed by hailstorm, floods, drought, or any other natural disaster.

Kharif: Autumn crop, (Fasal-e-Kharif) this season exists from July to September to February.

Khud Kasht: Land under the cultivation of the owner himself.

Lambardar: Village headman who was responsible for the collection of land revenue and general assistance to the revenue administration. This has now been abolished in AJ & K.

Latha: Tracing cloth on which a map of the fields in a village is traced in black ink and the number of fields and length of sides given in red ink. This is usually prepared at the time of settlement.

Mahal: A village or estate for which a separate Record-of-Rights has been prepared.

Maira (Miani) Awwal/Waryal Awwal: Land that is clear of pebbles and sand.

Maira (Miani) Daum/Waryal Daum: May have little pebbles and sand or a mixture of both.

Malguzar: Includes a tenant-at-will holding direct under the state and paying land revenue to it without any intermediary like a landlord.

Malia: Land revenue.

Malkiat: A share or portion of an estate held by one landowner or jointly by two or more landowners.

Masavi: The name of the field map or Shajra Kishtwar prepared on a special type of thick paper, with an underlining of muslin cloth.

Mauroosi: Literally hereditary, but is generally used in reference to occupancy tenants whose rights are heritable and even saleable with the consent of the landlord.

Mauza: A village, estate, mahal, or deh.

Misal-e-Haqqiat: Construction of the record-of-rights “Misal-e-Haqqiat” assessment of land revenue.

Mutation: The process of sanctioning a change in land papers, especially Jamabandi. A new person acquires the right of land recorded instead of the former right holder.

Muzara: A tenant.

Nahri: Irrigated by a canal or water channel.

Nautor Kuninda: A person who has brought state-owned land under cultivation.

Nautor: Khalsa land brought under cultivation.

Non-Khalsa means Land: Distinguished from land which had been assigned or granted to individuals by the ruler.

Patwari: Village register and accountant.

Private forests: Either belong to individuals or the village community on account of their Shamilat rights. Owners of private forests cannot sell their trees of at least 24″ diameter standing on the ground.

Rabi: Spring crop, (Fasal-e-Rabi). This season exists from March to August.

Roznamcha: Diary.

Shajra Nasab: The genealogical tree of the landowners in a village, prepared at the time of settlement. Updated in Charsala after every four years, it is a mandatory part of the Record-of-Rights.

Shamilat: Khalsa land given after the sanctioning of mutation to the village community for both common purposes and individual possession or cultivation. There are three types of Shamilat recorded in the Record-of-Rights.

Tatima Shajra: A revised map of any field in consequence of partition, transfer, inheritance, etc.

Tenants: A person who holds land under another person, and is, or but for a special contract would be, liable to pay rent for that land to that other person, and includes the predecessors and successors-in-interest of such person but does not include:

i. A mortgagee of the rights of a landowner;

ii. A person to whom aholding has been transferred, or an estate or holding has been left in farm, under the provisions of this Act, for the recovery of an arrear of land-revenue or of a sum recoverable as such an arrear; and

iii. A person who takes from the Government a lease of unoccupied land for the purpose of subletting it.

Thanghar (Rakkar): Is relatively unproductive soil, with a considerable admixture of stones, pebbles, and sand.

Un-demarcated forests: All forest land and waste land (other than the demarcated forests) or such land under the management and control of the Revenue Department and not appropriated for any purpose.

Wajib-ul-Arz: Is a document, prepared at the time of settlement, stating various customary rights and liabilities of landowners and other members of the village community interest and vis-a-vis the state.

Update : 16 June 2023 in response to a query by a member of the public about what is “ Lapara Khushki “our response is as follows:

“Lapara Khushki” is a term used in the land record department in Pakistan. It refers to a process of land measurement and demarcation that is conducted to determine the boundaries and area of a piece of land. In literal terms, “Lapara” means “without water” and “Khushki” means “dryness.”

During the “Lapara Khushki” process, the land record department measures the land without taking into account any water bodies or watercourses that may be present on the land. The purpose of this measurement is to establish the dry area of the land for record-keeping and documentation purposes.

It is important to note that the “Lapara Khushki” measurement may not reflect the actual boundaries and area of the land when water bodies or watercourses are considered. Therefore, it is necessary to conduct a comprehensive survey that includes the presence of water sources for a complete and accurate assessment of the land.

June-July (2023) Glossary has been rewritten and refreshed for context

Glossary of Land Tenure and Agricultural Terms

Note: This glossary encompasses terms related to land ownership, revenue, agriculture, village administration, and various customs and practices prevalent in the Indian State during that time. It reflects the intricate details of land management and social structures of the Pre-Pakistan independance era.

Abadi deh … A site of a inhabited village.

Abi … Irrigated using lifts from tanks, pools, marshes, or streams.

Abiana … An additional assessment levied on irrigated land due to the benefits of irrigation.

Abwab …

Adhlapi … A person who gains ownership of half of the land attached to a well by sinking it in another person’s land.

Adna malik … Inferior owner.

Ahtrafi … A cess paid by artisans to the village proprietors.

Ala lambardar … Chief lambardar (Headman).

Ala malik … Superior owner.

Amin … Surveyor employed for making village maps.

Ang … Cess on cattle levied by proprietors on other residents in the village for grazing in village waste.

Anwanda … Clearing tenant in Dera Ghazi Khan.

Asami … Tenant (in old settlement literature, the term is sometimes confined to a resident tenant).

Bachh … Distribution of revenue over holdings.

Badastur …

Bahi …

Bajra … A type of millet (Pennisetum typhoides).

Bakhra … Share (in Pathan tracts).

Banda … Hamlet (in Pathan tracts).

Bangar … Upland tract.

Banjar … Uncultivated land.

Bania … Village’s shopkeeper, money-lender.

Banjar kadim … New fallow (for full explanation, see paragraph 267).

Banjar kadim … Old fallow (for full explanation, see paragraph 267).

Barani … Dependent on rainfall.

Batai … Rent taken by division of the crop.

Batta … A form of village tenure (see paragraph 139).

Bhaichara … Sub-number (paragraph 271).

Bhoang … Due paid harvest by harvest to a godkesh tenant (note on page 107).

Bhunga … Cess on cattle levied by proprietors on other residents in a village for grazing in village waste.

Bhur …

Bigha … A measure of area. In the Western Punjab, the bigha is half a ghumao, in the east, the shahjahani bigha is five-eighths of an acre, and the zamindari or kacha bigha is five-twenty fourths of an acre. The actual bigha used by the Zamindari does not always correspond with the kacha bigha used in settlement surveys (see paragraph 243).

Bir … A preserve.

Bisa … One-twentieth of a bigha (q. v).

Biswi … A fee paid in recognition of property rights.

Biswansi … One-twentieth of a bigha (q.v).

Burji … A survey pillar.

Butemar … A tenant who has acquired permanent rights in the land by clearing it of jangal.

Chaharam … A grant of one-fourth of the ruler’s share of the produce to an individual or family of influence.

Chah … Well; well-holding.

Chahi … Irrigated from a well.

Chahi khalis … Irrigated only from a well, as distinguished from chahi-nahri (q.v) or chahi-sailab.

Chahi-nahri … Irrigated partly from a well and partly from a canal.

Chak … Assessment circle, a block of land.

Chakbat … Applied to a patti or sub-division of an estate which has all its land lying in one block (see Khetbat).

Chakdar … Inferior owner (in South-West Punjab). For a full explanation, see paragraph 168.

Chakla … Assessment circle.

Chakota … Lump grain rent or rent consisting of a fixed amount of grain in the rabi, and a fixed amount of cash in the kharif harvest (see paragraph 312).

Chapparband … A term for a resident (see tenant paragraph 196) entitled to permanent occupation at a fixed rate of rent (see paragraph 197).

Chari … A kind of millet (q.v) grown for fodder (see jowar).

Chaudhri … Rural notable.

Chaukidar … Village watchman.

Chela … Spiritual son or pupil.

Chhambh … A marsh.

Chhar … A system of silt clearance under which the clearance is effected by the irrigators themselves (see paragraph 449).

Chundavand … A custom of inheritance under which several sons by one wife inherit the same share as a single son by another wife (see pagvand).

Daftri … Owner in Pathan tracts (see paragraph 157).

Dak …

Dakar … Stiff clay soil.

Darbar … Council or other governing body in a Native State.

Darkhwast Mal … Tender of engagement to pay the land revenue.

Duzari …..

Darya …

Dastur-ul-amal … Hand-book for the guidance of district revenue officers in carrying out the provisions of the settlement.

Daul … Estimate of revenue payable by different estates (see paragraph 16).

Daulp …

Dharat … Weighment fee; levied on sales of produce within the village (see paragraph 94).

Dhenkli … A hand-lever well.

Dhok …

Doab … Country lying between two rivers.

Dohli … Death-bed gift of a small plot of land to a Brahman.

Ekfasli … Yielding one crop in each agricultural year.

Fakir … Religious mendicant.

Fard Ranngazi … List of fields for coloring purposes.

Gharldakhilkar … Tenant-at-will.

Ghair Maurasi … Tenant-at-will.

Ghairmumkin …

Ghi … Clarified butter.

Ghumao … A measure of area (see paragraph 243).

Girdawar … Kanungo or supervisor of patwaris (Paragraph 292-A).

Girdawari … Harvest inspection.

Godkesh … Tenant in Multan who has acquired a permanent title by breaking up waste (note on page 107).

Gora … Land close to a village site, which is often heavily manured.

Gosha …

Got … Sub-division of a tribe.

Guru … Spiritual father or guide.

Hakimi hissa … The ruler’s share of the produce.

Hakk buha … Door tax; a cess levied by proprietors from other residents in a village (see paragraph 94).

Hakkdar … A tenant entitled to permanent occupation at a fixed rate of rent (see paragraph 197).

Hamsayas … Dependents occupying outlying hamlets of a Pathan estate on condition of assisting in repelling raids on the lands of the proprietors (see paragraph 159).

Hari … Applied to land cropped only in the rabi harvest.

Hathrakhaidar … A man who agreed to become responsible for payment of the revenue on condition of receiving the proprietor’s share of the produce; has less a fee paid in recognition of the owner’s proprietary title (see paragraph 172).

Ikrarnama … Village administration paper, same as wajib-ul-arz.

Iliaqawar … Relating to an ilaka or tract.

Inam … A cash allowance paid to secure the services of a man of influence.

Inamdar … The holder of an inam (q.v).

Ismi … A proprietary fee.

Jadid … See banjar jadid. Also a class of tenant (see paragraph 196).

Jagir … An assignment of land revenue.

Jagirdar … Holder of an assignment of land revenue.

Jama … Land revenue demand.

Jamabandi … Register of holdings of owners and tenants showing land held by each and amounts payable as rent, land revenue, and cesses.

Jamai … A class of tenant (see paragraph 196).

Jangal … Uncultivated land covered with brushwood and small trees.

Jhalar … A Persian-wheel by which water is raised from a stream or canal.

Jahalari … Irrigated by jhalar (q.v).

Jhil … A sheet of water.

Jhuri … Fee paid to proprietor when entering on possession of land (see paragraph 168).

Jinswar … Relating to crops, also the crop statement for any particular harvest.

Jowar … A kind of millet (Sorghum Vulgare).

Kabza …

Kacha … Incomplete or imperfect, applied to village measures of area and weights as distinguished from those recognized by the Government; not lined with masonry (of a well).

Kacha asami … Term used for a tenant-at-will (see paragraph 197).

Kacha bigha … See bigha.

Kacha malba … The system under which the amount actually expended on the common purposes of a village is distributed periodically over the proprietors. To be distinguished from pakka malba (q.v).

Kachahri … District court-house.

Kadam … A pace (see paragraph 243).

Kadim … See banjar kadim, also a class of tenant (see paragraph 197).

Kadimi … A class of tenant (see paragraph 198).

Kaifiyat … Report note.

Kalar … Barren land, also applied to reh efflorescence, and in the east of the Punjab to sour clay rice (Land kalar dahr).

Kamlana … Cess paid by artisans to the proprietors of the village in which they ply their trade (see paragraph 94).

Kan … Appraisement of crops, realization of landlord’s share of produce in cash after appraising its amount and value.

Kanal … A measure or area (see paragraph 243).

Kania … A man who appraises crops.

Kankar … Lime modules.

Kankut … Same as kan (q.v).

Kanungo … Supervisor of patwaris.

Karam … Unit of length.

Kardar … Title of an official in an Indian State.

Karguzari … Outturn of work.

Karukan … Length and breadth.

Kasur … Fee paid in recognition of proprietary title (see paragraph 170).

Khadir … Low-lying land near the river.

Khaka … Rough plan.

Khalsa … The Sikh commonwealth. Revenue credited to Government as contrasted with jagir (q.v.) revenues.

Khamtahsil … Direct management of the estate by Government.

Kharaba … Portion of the crop that has failed to come to maturity.

Kharach … Cess realized by the landlord in addition to rent (see paragraph 339).

Kharif … Autumn harvest.

Khasanve … Same as vesh (q.v).

Khasra … List of fields, field register.

Khasra girdawari … Harvest inspection register.

Khata … Holding of a tenant.

Khatauni … A list of holdings of tenants. Holding slips prepared at re-measurement (see Appendix VII).

Khetbat … Applied to a patti or sub-division of an estate; all the land of which does not lie in a single block (see chakbat).

Khewat … A list of owners’ holdings.

Khewat-khatauni … A combined khewat and khatauni corresponding to the present jamabandi (see Paragraph 274).

Khudkasht … Cultivated by the owner himself.

Khula vesh … Fresh calculation of shares at the time of vesh (q.v.) (See paragraph 158).

Khush-haisiyati … Owner’s rate, water, or canal-advantage rate.

Killabandi … (See Appendix XIV).

Kudhi-Lamini … A cess on hearths realized by proprietors from other residents in a village (see paragraph 94).

Kuhmar … A tenant in Dera Gazi Khan who has earned a permanent title by sinking a well (see paragraph 211).

Lakh … 1,00,000.

Lakhiraj … Exempt from assessment.

Lambardar … Village headman.

Latha girdawari … Cloth copy of the patwari’s map (Paragraph 292 and Appendix XXI).

Lathband … A tenant who acquires rights in land by embanking fields (see Paragraph 211).

Lathmar … Same as lathband (q.v).

Lichh … Fee paid in recognition of proprietary title (see Paragraph 169).

Lungi … Fee paid to the proprietor when entering on possession of land (see paragraph 168).

Mafi … Revenue free.

Mafidar … The holder of an assignment of land revenue.

Mahal …

Mahsul… Share of produce due to state, now share of produce taken by the person who pays the revenue in money (see paragraph 170).

Mahsulkhor … A kind of land revenue farmer (see paragraph 172).

Maira … Sandy loam.

Mal … Land Revenue.

Malatar … Same as hamsaya (q.v).

Malba … Fund out of which common village expenses are defrayed.

Malguzar … Person responsible for the payment of land revenue.

Malguzari … Relating to assessment assessable.

Malik … Owner in the Western Punjab; malik means a leading man in a section of a tribe.

Malik adna … Inferior proprietor.

Malik ala … Superior proprietor.

Malikana … Fee paid in recognition of proprietary title.

Malik Kabza … A man who owns the land actually in his possession but has no share in the common property of the village community (see paragraph 142).

Marla … A measure of area (see paragraph 243).

Masri … A small pulse.

Matyat … A word used in United Provinces for a clay soil. Occupancy tenant.

Mauza …

Mauzawar … By villages (paragraph 512).

Milan khasra … An area statement abstracted from the khasra (q.v) annual area statement.

Milan rakba … Annual area statement.

Milkiyat adna … Inferior ownership.

Milkiyat ala … Superior ownership.

Milkiyat makbuz … Tenure of a malik kabza (q.v).

Min …

Minhai … Excluded from the assessable area.

Minjumla … Part out of a whole (Instruction 3, Appendix VIII).

Mirasi … A class of Landholder (See paragraph 196).

Mirasidar … A class of landholder (see Paragraph 196).

Misl haqiyat … Record-of-rights.

Moth … A small pulse (phareoolus trilobus).

Muhtarafa … Same as ahtrafi (q.v).

Mukaddim … Superior proprietor (see paragraph 167), also a leading man or headman in a village community (see paragraph 115).

Makaddmi … Fee paid to the superior proprietor in recognition of proprietary title.

Mukarraridar … A kind of occupancy tenant.

Mundhimar … A man who acquires occupancy rights in land by clearing it of jangal.

Munshi … An Indian clerk.

Muntakhib assamiwar … Statement of owners and tenants, holding with details of fields and rent, etc.

Musavi … Mapping sheet.

Mushakhsadar … A farmer of the land revenue (See paragraph 172).

Nagha … Commutation paid for failure to perform ehher (q.v) labor.

Nahri … Irrigated from a canal.

Nahri-parts … Assessment rate over and above the assessment rate for unirrigated land applied to nahri land in calculating the fixed assessment which it shall pay (see paragraph 446).

Naib-tehsildar … The deputy or assistant of the Tehsildar (q.v.).

Naksha alamat … List of conventional signs.

Naksha-intikal … Statement of land transfers.

Naksha-lakhiraj … Statement of land revenue assignments.

Naksha-thakbast … Village boundary map (see paragraphs 248 and 270).

Nala … Drain or watercourse.

Nautor … Land brought under cultivation for the first time.

Nazim … Governor of a large tract in an Indian State.

Nazrana … An abatement from the revenue to an estate, etc., retained by the government in making a land revenue assignment to an individual.

Nazul … Land, etc. which has become the property of the government by escheat or failure of heirs.

Niai …

Pachotra … A surcharge of 5 per cent on the revenue paid to village headmen.

Pag … Fee paid to the proprietor on entering on possession of land and (see paragraph 168).

Pagvand … A custom of inheritance under which sons by different wives inherit equal shares in land (see chundavand), the property being divided per capita.

Pahikasht … A tenant who does not live in the village in which he cultivates land.

Paipath … A fee paid to a superior owner in recognition of his proprietary title (see paragraph 169).

Pakka … Complete or perfect, applied to measures of weight and area recognized by the government as distinguished from those used in villages; lined with masonry (of a well).

Pakka malba … The system under which the amount to be collected for common village expenses is fixed at a definite percentage of the land revenue.

Pana … A sub-division of an estate (see paragraph 128).

Panahi … A tenant protected from ejectment for a term of years (See paragraph 203).

Panapalat … A form of periodical distribution of land in the Gurgaon District (see paragraph 158).

Parcha … An extract from a khatauni or Jamabandi, a copy of the entry in a khatauni regarding his holding given to a right-holder at measurement (see paragraph 2, Appendix VII).

Pargana … A group of estates forming a sub-division of a district or Tehsil.

Part Sirkar … Government copy of the new settlement record.

Part Tehsil … Tehsil copy of the settlement map (paragraph 292 and Appendix XXI).

Parta … Assessment rate.

Patta … Leather cover such as is used for protecting account books by Indian shopkeepers (see Appendix VII) also deed of grant (see paragraph 152).

Patti … A sub-division of an estate (see paragraph 128); also a well-holding (see paragraph 165).

Pattidar … A form of village tenure (see paragraphs 137 and 138).

Patwari … A village accountant or registrar.

Puchh-bakri … A cess on marriage levied by proprietors from other residents in a village (see paragraph 94).

Rabi … Spring harvest.

Raiyat …

Raiyatwari … A form of settlement in which the occupant of each holding is under a separate engagement with the government, as distinguished from the village settlement in force in the North-Western area.

Rakh … A preserve.

Rangsaz … A colorist.

Rassa-Buti … A form of tenure in riverain estates in Sialkot (see note on page 72).

Rastah …

Rausli … A loam soil.

Riwaj-I-am … Record of customs followed by the chief tribes in a district in the matter of marriage, inheritance, etc. (see paragraphs 561—567).

Ret …

Rohi … A stiffish soil containing a considerable amount of clay.

Rubakati-akhir … Brief abstract of settlement proceedings appended to the settlement record (see paragraph 270).

Sabik …

Sadr … Headquarters station.

Sad malguzars … Leading land-owners allowed to become responsible for the revenue assessed on an estate.

Sailab … Flooded or kept permanently moist by a river.

Sailaba … Same as sailab (q.v.).

Sair … Miscellaneous income derived from an estate by its owners over and above the profits of cultivation Sanad … A deed of grant.

Sarak …

Sarsahi … A measure of area (See paragraph 243).

Sarsari parts … An all-round rate on cultivation without discrimination of soils or classes of land.

Sawani … Cropped only in the autumn harvest.

Sayar … See sair.

Ser … A measure of weight, 1/40th of a maund.

Seri … Grant of land made by a Pathan Chief to men who helped him with their swords or their prayers.

Sermani … A fee of one ser in the maund of produce paid in recognition of proprietary title.

Shahjahani bigha … See bigha.

Shahnahri … Irrigated from a canal owned by the State.

Shajra … Map, plan.

Shajra kishtwar … Village common land.

Shikast …

Shora …

Sihadda … Masonry pillar or platform erected at the point where the boundaries of three villages meet.

Silhdar … Same as chakdar (q.v.).

Sir jagir … Land owned by a jagirdar in an estate of which the revenue is assigned to him.

Sir-o-pa … Fee paid to the proprietor when entering on possession of land (see paragraph 168).

Siwai … Cesses, also same as sair (q.v.).

Tafrik … Distribution of revenue over holdings.

Tahrij asamiwar … Abstract of khatauni showing tenants, holdings with their areas and rents, etc.; but without details of fields (see paragraph 270).

Tehsil … A sub-division of a district, in charge of a Tehsildar.

Tehsildar … Official in chief executive charge of a Tehsil.

Takavi … Loan granted by the government to a land-owner for agricultural purposes.

Talukdar … A superior proprietor (see paragraphs 103, 143, and 145).

Taraddadkar … A class of tenant in Jhang (see paragraph 211).

Taraf … A sub-division of an estate.

Tarika paimaish … Note of the method of survey (Appendix XXI).

Tarmim …

Tawani … A class of tenant in Kohat.

Thana … Police Station or the jurisdiction of a police station.

Tahana patti … Marriage fee levied by the proprietors of a village from other residents.

Thok … A sub-division of an estate (see paragraph 128).

Thula … A sub-division of an estate (see paragraph 128).

Vesh … Periodical redistribution of land among proprietors (see paragraph 158).

Wajib-ul-arz … Village administration paper (see paragraphs 295-296-A and Appendix VIII).

Waris … Landholder (see paragraphs 152, 175, 178, and 197-A).

Warisi … Right of the waris (q.v.).

Water …

Wirsana … Fee paid in recognition of proprietary title.

Zabti … Cash rents levied on account of certain crops.

Zail … A group of estates out of which some representative man is appointed Zaildar.

Zaildar … A man of influence appointed to have charge of a Zail.

Zamindar … Land-owner.

Zamindari … A form of village tenure (see paragraph 136).

Zamindari bigha … See bigha.

Zari-I-Zagha … Fund formed out of commutation paid by persons who do not perform the chher (q.v.) labor for which they are responsible.

Zillah (zil’s) … District.

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The Transfer of Property Act, 1882

The Transfer of Property Act, 1882 is one of the oldest Law in Pakistan.

The Transfer of Property Act, 1882 in Pakistan is a crucial piece of legislation governing the transfer of immovable property. The Act outlines the conditions, restrictions, and legal requirements for transferring property, as well as the rights and obligations of parties involved. It provides a legal framework for various property transactions, including sale, mortgage, lease, gift, exchange, and more. It also covers aspects like easements, charges, mortgages, and leases, ensuring clarity and protection in property dealings. This law plays a vital role in regulating property transfers and is essential for anyone involved in property transactions in Pakistan.

You can download The Transfer of Property Act, 1882 in PDF Format, Link Below:-

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Transfer of Property Act, 1882 – Information You Need to Know

The transfer of property in Pakistan is regulated under the Transfer of Property Act 1882. The transfer of property to anyone can be conditional or unconditional.

Modes of Transfer of Property

Property is transferable by the act of parties and by the operation of law. However, only the property transfer by the act of parties comes under the Transfer of Property Act 1882. The transfer can be conditional or unconditional.

The transfer of property by act of parties can happen through sales, leases, mortgages, exchanges, transfer of actionable claims, and gifts.

Transfer of Property Rights

A person can transfer the rights of a property when he is the complete owner of the property or has the legal authorization of transfer. Also, the person must be competent to make a contract. The one who transfers the rights to a property is the Transferor, and the one to whom the rights are transferred is the Transferee.

Any transfer made by the transferor to the transferee is the absolute transfer with all the rights to the property unless there are some other intentions. Besides, if the law does not require any documentation, the oral transfer of the property is enough.

Following are the transferable property rights:

When there is a chance of spec succession.
Property with mere right to take back the property given on lease in case of breach of conditions.
Right to use someone else’s property.
Personal rights to enjoy the interest on the property.
Right to maintain the property in the future.
Right to sue for damages for breach of contract.
Public office.
Right to get pensions and stipends.
Right to transfer property for unlawful objects.
Occupancy rights.

Conditions of Transfer of Property

Any condition that restrains a transferee from disposing of his interest after the property is transferred is void. However, the lease has an exception to this rule.
The transferor when creates an absolute interest for him after the transfer is void unless the benefit is to his adjoining land.
Condition determined for any upcoming insolvency or separation is void.

The following are the optional conditions.

Any condition that is not forbidden by the law to be done before the transfer.
Transfer of interest under the condition of happening of an uncertain event.
A condition after divesting an estate is subject to the rule of strict construction; the condition must be strictly fulfilled.
A conditional interest will cease in case of happening or non-happening of an uncertain event.
The transfer of property can also be done in favor of an unborn child.

Transfer of Property by Way of Sale

The Transfer of Property Act 1882 states Sale as the transfer of ownership of a property in exchange for a price paid or promised to be paid. If the tangible immovable property has a value less than Rs. 100, the transfer is done by delivering the possession of the property. In case the property has a higher value, registration of the property is necessary.

At the time of sale of property, the seller must declare :

material defects of the property
produce title deeds
answer any questions related to the title of the property
transport the property
do maintenance of the property after the contract is made till he delivers the property
pay outgoing expenses until the sale completes

After the sale completes, the seller must

transfer property title
deliver the documents of the title
give possession

At the time of sale, the buyer must

disclose that the value of the property is increasing
he must pay for the property

After the sale completes, the buyer

is responsible for any risk of loss after he receives the property
pays the principal and future interest on the property after he gets it

Transfer of Property by Means of Mortgages and Charges

The Transfer of Property Act 1882 states a mortgage is the transfer of an interest of the immovable property to secure the payment of money advanced or to be advanced as a loan. In contrast, there is no property transfer in case of a charge. However, it creates a right of payment out of a specified property.

The types of mortgages include

Simple mortgage
Usufructuary mortgage
Mortgage by conditional sale
English mortgage
Anomalous mortgage
Mortgage by deposit of title deeds

The Doctrine of Foreclosure or Sale

In the case of a mortgage with a conditional sale, the court directs the mortgagor to pay the mortgage money within a specific time. If the mortgagor fails to pay, the mortgagee gets the property’s right to ownership under the court’s decree. In such cases, the mortgagor cannot claim back the property from the mortgagee as he is now the property owner.

Transfer of Property by Way of Leases

The Transfer of Property Act 1882 defines a lease as a transfer of the right to enjoy the property for a specified time in return for a promised or paid price, the share of crops, or any other valuable item. Periodic, perpetual, and Bemiadi leases are important forms of lease.

There is a minor difference between lease and tenancy. In the lease, the time to rent out the property is specified. In contrast, the tenancy lasts until the tenancy is terminated.

Rights and Liabilities of Lease

In the case of a lease, the lessor is liable to

disclose any material defects in the property
put the lessee in possession
do no interruption to the lessee and allow full enjoyment

In the case of a lease, the lessee has the right to

terminate the lease if there is some destruction to the property
do essential repairs and deduct those expenses from the rental payment
make the required payments and deduct the amount from the rental payment
remove his fixtures
take benefit from the crops that he has grown on the land
assign his interest in the leasehold

In the case of a lease, the lessee is liable to

disclose the facts that increase the value of the property
maintain property
notify any encroachment or interference by others
do not waste or injure property
do not build the property except for agricultural purposes
restore the possession of the lease when the lease terminates

Transfer of Property by Means of Exchanges

When two people transfer the ownership of one thing in exchange for the ownership of another thing when both items are not the money, it is called Exchange.

Transfer of Property by Gifts

The Transfer of Property Act 1882 defines gifts as a voluntary transfer of movable or immovable property without consideration by a person ‘Doner’ to another person ‘Donee’ that the Donee accepts. Acceptance is a must in the donor’s life when the donor is capable of giving it. In case the donee expires before acceptance, it makes the gift void.

In the case of the gift of immovable property, the transfer is effectively a registered instrument signed by the donor and attested by a minimum of two witnesses. For a gift of the movable property, the transfer becomes effective by delivery or by a registered instrument.

If the gift is for two or more donees, and the one does not accept, the gift is void to the extent of the donee’s share who refused to get it. The percentage of the gift or refusing donee reverts to the donor.

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CHAPTER 1 PRACTICE IN THE TRIAL OF CIVIL SUITS

PART N -- MISCELLANEOUS NOTIFICATIONS ETC

General Remarks

1. All references in Government Notifications to the Chief Court of the Punjab shall be construed as referring to the * [Lahore High Court, Lahore].

2. All references in the Notifications to the Lieutenant Governor, Lieutenant-Governor in Council, Local Government and Governor in Council shall be construed as referring to Punjab Government.

3. All references in the notifications to the Governor General of India in Council, Governor-General of India, Governor-General in Council, Governor-General, Government of India shall be construed as referring to * [Federal] Government.

I -- Court Language

1. * [(a) Urdu being the National Language as per Article 251 of the Constitution of the Islamic Republic of Pakistan, 1973, shall be the language of the High Court, provided that English may be continued as the Language of the Court as well till further orders. (See also paragraph 1-A(a) of part A of Chapter 1 and paragraph 1 of part A of Chapter 4 of Volume V of High Court Rules and Orders.]

(b) Urdu has been declared to be the language of all Courts subordinate to the High Court.

II -- Powers under sections 91 and 92 of the Code of Civil Procedure

The powers conferred by Sections 91 and 92 of the Civil Procedure Code on the Advocate-General, may be exercised by all Deputy Commissioners in the Punjab. (Punjab Government Notification No. 1-E., dated the Ist January, 1909).

Notification No. 183-St., Revenue, dated the 27th April, 1935.

In exercise of the powers conferred by section 1 of the Transfer of Property Act, IV of 1882, as amended, the Governor-in-Council, is pleased to extend the provisions of sections 54, 107 and 123 of the said Act, with effect from the 6th May, 1935, to the following areas in the Punjab:-

(i) All Municipalities; and

(ii) All Notified Areas as declared and notified under section 241 of the Punjab Municipal Act, 1911.

** [III.-- Enforcement of Provisions of Transfer of Property Act, 1882, in the areas now forming Punjab .

(i) Notification No. 766.79/1/70. LRI dated 23rd August, 1979 (Pb.Gaz.Ext. 10-09-1979). In exercise of the powers conferred by section 1 of the Transfer of Property Act, 1882 (Act IV of 1882) the Governor of the Punjab is pleased to cancel former Government of Bahawalpur State’s Notification No.20, dated the 28th May, 1931, with immediate effect.

(ii) Notification No. 3097-8/1511-LRI, dated 22nd November 1978 (Pb. Gaz. Ext. 6-12-1978). In exercise of powers conferred by section 1 of the Transfer of Property Act, 1882 (Act IV of 1882) and in supersession of the Government of the Punjab Revenue Department Notification No.15246-74/2237-LRV, dated the 17th December, 1974, the Governor of the Punjab is pleased to extend the provisions of section 54, 59, 107, 118 and 123 of the said Act to the following areas in the Punjab:-

(ii) All Notified Areas as declared and notified under Section 241 of the Punjab Municipal Act, 1911.

(iii) Notification No.183-St., Revenue, dated the 27th April 1935.

In exercise of the powers conferred by section 1 of the Transfer of Property Act 1882 (IV of 1882), as amended the Governor-in-council, is pleased to extend the provisions of Section 54, 107 and 123 of the said Act, with effect from the 6th May, 1935, to the following areas in the Punjab:-

(See Pb. Gaz. EXT, dated 30-12-1974)

(iv) Notification No. 15246-74/2237-LRV dated 30.12.74. In exercise of the powers conferred by section 1 of the Transfer of Property Act, 1882 (Act IV of 1882) and in partial modification of Notification No. 183-ST, dated the 27th April, 1935, and Notification No.20, dated the 28th May, 1931, issued by the Government of the Punjab and the Government of the former State of Bahawalpur respectively, the Governor of the Punjab is pleased to extend the provisions of Sections 54, 59,107, 118 and 123 of the said Act to the whole of the Province of the Punjab.]

2. Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc.:--- In the territories to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall be deemed to affect-

(a) the provisions of any enactment not hereby expressly repealed:

(b) any terms or incidents of any contract or Constitution of property which are consistent with the provisions of this Act, and are allowed by the law for the time being in force;

(c) any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability; or

(d) save as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or by, or in execution of, a decree or order of a Court of competent jurisdiction;

and nothing in the Second Chapter of this Act shall be deemed to affect any rule of [Muslim] law.

3. Interpretation clause:--- In this Act, unless there is something repugnant in the subject or context,-

‘ immovable property’ does not include standing timber, growing crops or grass;

‘instrument’ means a non-testamentary instrument:

‘ attested ’, in relation to an instrument, means ^and shall be deemed always to have meant] attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgment or his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant;

but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary;]

‘ registered’ means registered in [a Province] under the law ‘for the time being in force regulating the registration of documents;

‘ attached to the earth’ means-

(a) rooted in the earth, as in the case of trees and shrubs;

(b) imbedded in the earth, as in the case of walls or buildings; or

‘ Actionable claim’ means a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognize as affording grounds for relief, whether such debt or beneficial interest be existent, accruing, conditional o contingent;]

[‘a person is said to have notice’ of a fact when he actually knows that fact, or when but for willful abstention from an inquiry or search which he ought to have made, or gross negligence, he would have known it.

Explanation 1. -Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, ‘‘[where the property is not all situated in one sub-district, or where the registered instrument has been registered under Sub-section (2) of section 30 of the Registration Act, 1908, (XVI of 1908) from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated]:

Provided that-

(1) the instrument has been registered and its registration completed in the manner prescribed by the Registration Act, 1908, (XVI of 1908). and-the rules made thereunder,

(2) the instrument ‘[or memorandum] has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and

(3) the particulars-regarding the transaction to which instrument relates have been correctly entered in the indexes kept under section 55 of that Act.

Explanation II.-Any person acquiring any immovable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof.

Explanation III.-A person shall be deemed to have had notice of any fact if his agent acquires notice thereof whilst acting on his behalf in the course of business to which that fact is material:

Provided that , if the agent fraudulently conceals the fact, the. principal shall not be charged with notice thereof as against any person who was a party to or otherwise cognizant of the fraud.

4. Enactments relating to contracts to be taken as part of Contract Act:--- The chapters and sections of this Act which relate to contracts shall be taken as part of the Contract Act. 1872 (IX of 1872).

[And section, 54 paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the Registration Act, 1908] XVI of 1908.

5. Transfer of property defined:--- In the following sections ‘Transfer of Property’ means and act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or to himself] and one or more other living persons: and ‘to transfer property’ is to perform such act.

[In this section ‘living person’ includes a company or association or body of individuals, whether incorporated or not, but both in herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or besides of individuals.

6. What may be transferred:--- Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force,---

(a) The chance of an heir-apparent succeeding to an estate, the chance for relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred.

(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby.

(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.

(dd) A right to future maintenance , in whatsoever manner arising secured or determined , cannot be transferred.]

(e) A mere right to sue cannot be transferred.

(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable.

(g) Stipends allowed to military [ naval], [air-force] and civil pensioners for [the Government] and political pensions cannot be transferred.

(h) No transfer can be made (I) in so far as it is opposed to the nature of the interest affected thereby, or (2) [for an unlawful object or consideration within the meaning of section 23 of the Contract Act, 1872], (IX of 1872) or (3) to a person legally disqualified to be transferred.

[(i) Nothing in this section shall be deemed to authorize a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee.]

7. Persons competent to transfer:--- Every person competent to contract and entitled to transferable property, or authorized to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in the manner allowed and prescribed by any law for the time being in force.

Person competent to transfer . A person who has ownership rights of property and is recorded as such in record of rights or other public document in which record of ownership is entered or maintained, held, can be said to be entitled to property which is subject-matter of transfer. A person, authorised by owner of property legally to transfer, the same, held further, to be competent to transfer such property.- PLJ 1997 AJK 54 =1997 CLC 466.

8. Operation of transfer:--- Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof. Such incidents include, where the property is land, the easements annexed thereto, the rents and profit thereof accruing after the transfer, and all things attached to the earth;

and, where the property is machinery attached to the earth, the movable parts thereof;

and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows, and all other things provided for permanent use therewith; and, where the property is a debt or other actionable claim, the securities therefore (except where they are also for other debts or claims not transferred to the transferee), but not arrears of interest accrued before the transfer;

and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.

9. Oral transfer:--- A transfer of property may be made without writing in every case in which a writing is not expressly required by law.

10. Condition restraining alienation:--- Where property is transferred subject to a condition or limitation absolutely restraining the transferred or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under, him. Provided that property may be transferred to or for the benefit of a woman (not being a Hindu, [Muslim] or Buddhist), so that she shall not have power during her marriage to transfer or change the same or her beneficial interest therein.

11. Restriction repugnant to interest created:--- Where on a transfer of property, and interest therein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner; he shall be entitled to receive and dispose of such interest as if there were no such direction.

[Where any such direction has been made in respect of one piece of immovable property for the purpose of s securing the beneficial enjoyment of another piece of such property, nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof.]

12. Condition making interest determinable on insolvency or attempted alienation:--- Where properly is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit or. any person, to case on his becoming insolvent or endeavouring to transfer or dispose of the same, such condition or limitation is void.

Nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him.

Plaintiff would not be bound by transfer made in favour of subsequent vendee during pendency of suit—Such subsequent sale would not matter much, where plaintiff was not found entitled to decree for specific performance of contract—Genuineness or otherwise of any further transaction would be relevant only, if a decree was granted in favour of plaintiff for specific performance. PLD 2003 SC 494

13. Transfer for benefit of unborn person:--- Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.

Illustration

A transfers property or which he is the owner to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A’s second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A’s remaining interest in the property.

14. Rule against perpetuity:--- No transfer of property can operate to create an interest which is to take effect after the life-time of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong.

15. Transfer to class some of whom come under sections 13 and 14:--- If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason of any of the rules contained in sections 13 and 14, such interest fails ‘‘[in regard to those persons only and not in regard to the whole class]

16. Transfer to take effect on failure of prior interest:--- Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard to such person or the whole of such class, an interest created in the .same transaction and intended to take effect after or upon failure of such prior interest also fails.

17. Direction for accumulation:--- (1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period longer than-

(a) the life of the transferor, or

(b) a period of eighteen years from the date of the transfer,

such direction shall, save as hereinafter provided, be void to the extent to which the period during which the accumulation is directed exceeds the longer of the aforesaid periods, and at the end of such last-mentioned period the property and the income thereof shall be disposed of as if the period during which the accumulation has been directed to be made had elapsed.

(2) This section shall not affect any direction for accumulation for the purpose of-

(i) the payment of the debts of the transferor or any other person taking any interest under the transfer or,

(ii) the provision of portions for children or remoter issue of the transferor or of any other person taking any interest under the transfer,’ or

(iii) the preservation or maintenance of the property transferred; and such direction may be made accordingly.

18. Transfer in perpetuity for benefit of public:--- The restrictions in sections 14, 16 and 17 shall not apply in the case of a transfer of property for the benefit for the public in the advancement of religion, knowledge, commerce, health, safely, or any other object beneficial to mankind.

19. Vested interest:--- Where, on a transfer or property, an interest therein is created in favour of a person without specifying the time when it is to take effect, or in terms specifying that it is to take effect forthwith or on the happening of an event which must happen, such interest is vested, unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession.

Explanations An intention that an interest shall not be vested is not to be inferred merely from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is directed to be accumulated until the time of enjoyment arrives, or from a provision that if a particular event shall happen the interest shall pass to another person.

20. When unborn person acquires vested interest on transfer for his benefit:--- Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appear from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.

21. Contingent interest:--- Where, on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereby acquires a contingent interest in the property. Such interest becomes a vested interest, in the former case, on the happening of the event, in the latter, when the happening of the event becomes impossible.

Exception. - Where, under a transfer of property, a person becomes entitled to an interest therein upon attainting a particular age, and the transferor also gives to him absolutely the income to arise from such interest before he reaches that ages, or directs the income or so much thereof as may be necessary to be applied for his benefit, such interest is not contingent.

22. Transfer to members of a class who attain a particular age:--- Where, on a transfer of property, an interest therein is created in favour of such members only of a class as shall attain a particular age, such interest does not vest in any member of the class who has not attained that age.

23. Transfer contingent on happening of specified uncertain event:--- Where, on a transfer of property, an interest therein is to accrue to a specified person if a specified uncertain event shall happen, and no time is mentioned for the occurrence of that event, the interest fails unless such event happens before, or at the same time as, the intermediate or precedent interest cease to o exist.

24. Transfer to such of certain persons as survive at some period not specified:--- Where, on a transfer of property, and interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is not specified, the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary intention appears from the terms of the transfer.

A transfers property to B for life, and after his death to C and D, equally to be divided between them, pr to the survivor, for them. C dies during the life of B. D survives B. At B’s death the property passes to D.

25. Conditional transfer:--- An interest created on a transfer of property and dependent upon a condition fails if the fulfillment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court regards it as immoral or opposed to public policy.

Illustrations

(a) A lets a farm to B on condition that he shall walk a hundred miles in an hour. The lease is void.

(b) A gives Rs. 500 to B on condition that he shall marry A’s daughter C. At the date of the transfer C was dead. The transfer is void.

(d) A transfer Rs. 500 to his niece C if she will desert her husband. The transfer is void.

26. Fulfillment of condition precedent:--- Where the terms of a transfer impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deemed to have been fulfilled if it has been substantially complied with.

(a) A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. E dies. B marries with the consent of C and D. B is deemed to have fulfilled the condition.

(b) A transfer Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. B marries without the consent of C, D and E, but obtains their consent after the marriage. B has not fulfilled the condition.

27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition:--- Where, on a transfer of property, an interest therein is created in favour of one person, and by the same transaction an ulterior disposition of the same interest is made in favour of another, if the prior disposition under the transfer shall fail, the ulterior disposition shall take effect upon the failure of the prior disposition, although the failure may not have occurred in the manner contemplated by the transferor.

But, where the intention of the parties to the transaction is that the ulterior disposition shall take effect, only in the event of the prior disposition failing in a particular manner, the ulterior disposition shall not take effect unless the prior disposition fails in that manner.

(a) A transfer Rs. 500 to B on condition that he shall execute a certain lease within three months after A’s death’, and, if he should neglect to do so, to C. B dies in A’s lifetime. The disposition in favour of C takes effect.

(b) A transfer property to his wife, but, in case she should die in his lifetime, transfers to B that which he had transferred to her. A and his wife perish together, under circumstances which make it impossible to prove that she died before him. The disposition in favour of B does not take effect.

Transfer of property by ostensible owner . When a person ostensibly being owner transfer property for consideration and such transfer is questioned on the ground that transferor had no legal power to vacate same, transferee may be exempted from its consequences, provided, he establishes that he has taken reasonable care to ascertain power of transferor and has acted in good faith. This is known as “caveat emptor” rule and requires transferee, apart from acting in good faith, to take all reasonable care to apprise himself of any defect in transferor’s title or clog on his power to effect transfer. On the other and Section 27-B of Specific Relief Act, 1877 contemplates that equity of specific performance may not be enforced against a person who had, subsequently, purchased property and paid his money in good faith and without notice of original contract. Duty to ascertain as contemplated by S. 41 of Transfer of Property Act, 1882, is not stipulated in Specific Relief Act, 1877. Burden on transferee under Specific Relief Act, 1877 is less onerous and specific performance against him can be refused if it is shown that he acted in good faith and was not aware of pre-existing equity in favour of other person. P.L.J.1999 Kar. 633 = 1999 CLC 296.

28. Ulterior transfer conditional on happening or not happening of specified event:--- On a transfer of property an interest therein may be created to accrue to any person with the condition superseded that in case a specified uncertain event shall happen such interest shall pass to another person, or that in case a specified uncertain event shall not happen such interest shall pass to another person. In each case the dispositions are subject to the rules contained in sections 10, 12, 21, 22, 23, 24, 25 and 27.

29. Fulfillment of condition subsequent:--- An ulterior disposition of the kind contemplated by the Fast preceding section cannot take effect unless the condition is strictly fulfilled.

A transfers Rs. 500 to B, to be paid to him on his attaining his majority or marrying, with a proviso that, it B dies a minor or marries without C’s consent, the Rs. 500 shall go to D. B marries when only 17 years of age, without C’s consent. The transfer to D takes effect.

30. Prior disposition not affected by invalidity of ulterior disposition:--- If the ulterior disposition is not valid, the prior disposition is not affected by it.

A transfer a farm to B for her life, and if she does not desert her husband, to C. B is entitled to the farm during her life as if no condition had been inserted.

31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen. Subject to the provisions of section 12, on a transfer of property an interest therein may be created with the condition superseded that it shall cease to exist in case a specified uncertain event shall happen, or in case a specified uncertain event shall not happen.

(a) A transfers a farm to B for his life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. He loses his life‑interest in the farm.

(b) A transfers a farm to B, provided that, f B shall not go to England within three years after the date of transfer, his interest in the farm shall cease. B does not go to England within the term prescribed. His interest in the farm ceases.

32. Such condition must not be invalid. In order that a condition that an interest shall cease to exist may be valid, it is necessary that the event to which it relates be one which could legally constitute the condition of the creation of an interest.

33. Transfer conditional on performance of act, no time being specified for performance. Where, on a transfer of property, an interest therein is created subject to a condition that the person taking it shall perform a certain act, but no time is specified for the performance of the act, the condition is broken when he’renders impossible, permanently or for an indefinite period, the performance of the act. .

OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

34. Transfer conditional on performance of act, time being specified. Where an act is to be performed by a person either as a condition to be fulfilled before an interest created on a transfer of property is enjoyed by him, as a condition on the nonfulfillment of which the interest is to pass from him to another person, and a time is specified for the performance of the act, if such performance within the specified time is prevented by the fraud of a person who would be directly benefited by nonfulfillment of the condition, such further time shall as against him be allowed for performing the act as shall be requisite to make up for the delay caused by such fraud. But if no time is specified for the performance of the act, the, if its performance is by the fraud of a person condition shall as against him be deemed to have been fulfilled.

35. Election when necessary .- Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it; and in the latter case he shall relinquish the benefit so conferred, and the benefit so relinquished shall revert to the transferor of the representative as if it has not disposed of,

Subject nevertheless, where the transfer is gratuitous, and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer and in all cases where the transfer is for consideration, to the charge of making good to the disappointed transferee the amount or value of the property attempted to be transferred to him.

The farm of [Ulipur] is the property of C and worth Rs.800. A by an instrument of gift professes to transfer it to B giving by the same instrument Rs. 1,000 to C. C elects to retain the farm he forfeits the gift of Rs. 1,000.

[Ulipur] Subs. by the Central Laws (Statute Reforms) Ordinance, 1900 (21 of 1960), S. 3 and 2nd Seh., for “Sultanpur” (with effect from the 14th October, 1955 ).

In the same case, A dies before the election. His representative must out of the Rs. 1,000 pay Rs. 800 to B.

The rule in the first paragraph of this section applies whether the transferor does or does not believe that which he professes to transfer to be his own.

a person taking no benefit directly under a transaction, but deriving a benefit under it indirectly, need not elect.

A person who in his one capacity takes a benefit under the transaction may in another dissent therefrom.

Exception to the last preceding four rules. Where a particular benefit is expressed to be conferred on the owner of the property which the transferor professes to transfer, and such benefit is expressed to be in lieu of that property, if such owner claim the property, he must relinquish the particular benefit, but he is not bound to relinquish, any other benefit conferred upon him by the same transaction. ,

Acceptance of the benefit by the person on whom it is conferred constitutes an election by him to confirm the transfer, if he is aware of his duty to elect and of those circumstances which would influence the judgment of a reasonable man in making an election. or if he waives enquiry into the circumstances.

Such knowledge or waiver shall, in the absence of evidence to the contrary, be presumed, if the person on whom the benefit has been conferred has enjoyed it for two years without doing and act to express dissent.

Such knowledge or waiver may be inferred from any act of his which renders it impossible to place the persons interested in the property professed to be transferred in the same condition as if such act had not been done.

A transfers to B an estate to which C is entitled. and as part of the same transaction gives C a coal mine. C takes possession. of the mine and exhausts it. He has thereby confirmed the transfer of the estate to B.

If he does not within one year after the date of the transfer signify to the transferor or his representative his intention to confirm or to dissent from the transfer, the transferor or his representative may, upon the expiration of that period, require him to make his election: and if he does not comply with such requisition within a reasonable time after he has received it, he shall be deemed to have elected to conform transfer.

In case of disability, the election shall be postponed until the disability ceases. or until the election is made by some competent authority Apportionment

36. Apportionment of periodical payments on determination of interest of person entitled .- In the absence of a contract or local usage to the contrary, all rents, annuities, pensions. dividends and other periodical payments in the nature of income shall, upon the transfer of the interest of the person entitled to receive such payments, be deemed, as between the transferor and the transferee, to accrue due from day to day, and to be apportionable accordingly, but to be payable on the days appointed for the payment thereof.

37. Apportionment of benefit of obligation on severance .- When in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a whole passes from one to several owners of the property, the corresponding duty shall, in the absence of the contract to the contrary amongst the owners, be performed in favour of each of such owners in proportion to the value of his share in the property, provided that the duty can be severed and that the severance does not substantially increase the burden of the obligation; but if the duty cannot be severed, or if the severance would substantially increase the burden of the obligation, the duty shall be performed for the benefit of such one of the several owners as they shall J jointly designate for the purpose:---

Provided that no person on whom the burden of the obligation lies shall be answerable for failure to discharge it in manner provided by this section, unless and until he has had reasonable notice of the severance.

Nothing in this section applies to leases for agricultural purposes unless and until the *[Provincial Government] by notification in the official Gazette so directs. *[Subs. by A.0., 1937, for “L.G.”.]

(a) A sells to B, C and D a house situate in a village and leased to E at an annual rent of Rs. 30 and delivery of one fat sheep B, having provided half the purchase money, and C and D one quarter each. E, having notice of this, must pay Rs. 15 to B, Rs. 7 1/2 to C and Rs. 7 1/2, to D, and must deliver the sheep according to the joint direction of B, C and D.

(b) In the same case, each house in the village being bound to provide ten days’ labour each year on a dyke to prevent inundation, E had agreed as a term of his lease to perform this work for A, B, C and D severally require E to perform the ten day’s work due on account of the house of each. B is not bound to do more than ten day’s work in all, according to such direction as B, C and D may joint in giving.

B. Transfer of Immovable Property

38. Transfer by person authorized only under certain circumstances to transfer .- Where any person, authorized only under circumstances in their nature variable to dispose of immovable property, transfers such property for consideration, alleging the existence of such circumstances, they shall as between the transferee on the one part and the transferor and other person (if any) affected by the transfer on the other part be deemed to have existed, if the transferee; after using reasonable care to ascertain the existence of such circumstances, has acted in good faith.

A, a Hindu widow, whose husband has left collateral heirs alleging that the property held by her as such is insufficient for her maintenance, agrees for purposes neither religious nor charitable, to sell a field, part of such property, to B, B, satisfies himself by reasonable enquiry that the income of the property is insufficient for A’s maintenance, and that the sale of the field is necessary, and acting in good faith, buys the field from A. As between B on the one part and A and the collateral heirs on the other part, necessity for the sale shall be deemed to have existed.

39. Transfer where third person is entitled to maintenance .- Where a third person has a right to receive maintenance or a provision for advancement or marriage from the profits of immovable property and such property is transferred The words “with the intention of defeating such right” rep. by the Transfer of Property (Amdt.) Act, 1929 (20 of 1929), S. 11. , the right may be enforced against the transferee, if he has notice [thereof] or if the transfer is gratuitous but not against a transferee for consideration and without notice of the right, nor against such property in his hands.

The illustration was rep., ibid.

40. Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest c;r easement. Where, for the more beneficial enjoyment of his own immovable property, a third person has, independently of any interest in the immovable property, of another or of any easement thereon, a right to restrain the enjoyment’[in a particular manner of the latter property], or

Where third person is entitled to the benefit of an obligation aiising out of contract, and annexed to the ownership of immovable property, but not amounting to an interest therein or easement thereon,

such right or obligation may be enforced against a transferee with notice thereof or a gratuitous transferee of the property affected thereby, but not against a transferee for consideration and without notice of the right or obligation, nor against such property in his hands.

A contracts to sell [Ulipur] to B. While the contract is still in force, he sells [Ulipur] to C, who has notice of the contract. B may enforce the contract against C to the same extent as against A.

41. Transfer by ostensible owner. Where, with the consent, express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, the transfer shall not be valuable on the ground that the transferor was not authorized to make it: Provided that the transferee, after taking reasonable care to ascertain that the transfer or had power to make the transfer, has acted in good faith.

42. Transfer to person having authority to revoke former transfer: Where a person transfers any immovable property reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocation of the former transfer to the extent of the power.

I llustration

A lets house to B, and, reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of it detrimental to its value. Afterwards A thinking that such a use has been made, lets the house to C. The operates as a revocation of B’s lease subject to the opinion of the surveyor as to B’s use of the house having been detrimental to its value.

43. Transfer by unauthorized person who subsequently acquires interest in property transferred .- Where a person *[fraudulently or] erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.

* Ins. by the Transfer of Property (Amdt.) Act, 1929, (20 of 1929), S. 13

Nothing in this section shall impair the right of transferees in good faith for consideration without notice of the existence of the said option.

A, a Hindu, who has separated from his father B, sell to C three fields, X, Y and Z, representing that A is authorized to transfer the same of these fields Z does not belong to A, in having been retained by B on the partition, but on B’s dying A as heir, obtains Z, C, not having rescinded the contract of sale, may require A to deliver Z to him.

44. Transfer by one co‑owner .- Where one of two or more co‑owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires, as to such share or interest, and so far. as is necessary to give effect to the common. Or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of the transfer, the share or interest so transferred.

Where the transferee of a share of a dwelling house belonging to an undivided family is not a member of the family nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.

45. Joint transfer for consideration. Where immovable property is transferred for consideration to two or more persons, and such consideration is paid out of a fund belonging to them in common, they are in the absence of a contract to the contrary, respectively entitled to interests in such property identical,. as nearly as may be, with the interest to which they were respectively entitled in the fund; and, where such consideration is paid our of separate funds belonging to them respectively, they are, in the absence of a contract to the contrary, respectively entitled to interest in such property in proportion to the shares of the consideration which they respectively advanced.

In the absence of evidence as to the interest in the fund to which they were respectively entitled or as to the shares which they respectively advanced, such person shall be presumed to be equally interested in the property.

46. Transfer for consideration by persons having distinct interests. Where immovable property is transferred for consideration by persons having distinct interest therein, the transferors are, in the absence of a contract to the contrary, entitled to share in the consideration equally, where their interest in the property were of equal value, and, where such interests were of unequal value, proportionately to the value of their respective interests.

(a) A, owning a moiety, and B and C each a quarter share, of mauza ‘[Ulipur], exchange an eighth share of that mauza for a quarter share of a mauza [Mithapukur]. There being no agreement to the contrary, A is entitled to an eighth share in Mithapukur, and B and C each to a sixteenth share in that mauza.

(b) A being entitled to a life‑interest in mauza [Jalkothi] and B and C, to the reversion, sell the mauza of Rs. 1,000. A’s life‑interest is ascertained to be worth Rs. 600, the reversion Rs. 400. A Zs entitled to receive Rs. 600 out of the purchase‑money, B and C to receive Rs. 400.

47. Transfer by co‑owners of share in common property. Where several co‑owners of immovable property transfer a share therein without specifying that the transfer is to take effect or any particular share or shares of the transferors, the transfer, as among such transferors, takes effect on such shares equally where the shares were equal, and, where they were unequal, proportionately to the extent of such shares.

A, the owner of an eight anna share and B and C, each .the owner of a four‑anna share, in the mauza ‘°1Ulipur]; transfer a two‑anna share in the mauza to D, without specifying from which of their several shares the transfer is made. to give effect to the transfer one‑anna share is taken from the share of A, and half an anna share from each of the shares of B and C.. .

48. Priority of rights created by transfer. Where a person purports to create by transfer at different times rights in or over the same

immovable property, and such rights cannot all exist or be exercised to their full extent. together, each later created right shall, in the absence of a special contract or reservation binding the earlier transferees, be subject to the rights previously created.

49. Transferee’s right under policy. Where immovable property is transferred for consideration, and such property or any part thereof is at the date of the transfer insured against loss or damage by fire, the transferee, in case of such loss or damage, may, in the absence of a contract to the contrary, require any money which the transferor actually receives under the policy, or so much thereof as may be necessary, to be applied in reinstalling the property.

50. Rent bona fide paid to holder under defective title. No person shall be chargeable with any rents or profits of any immovable property, which he has in good faith or delivered to any person of whom he in good faith held such property, notwithstanding it may afterwards appear that the person to whom such payment or delivery was made had no right to receive such rents or profits. .

A lets a field to B an a rent of Rs. 50, and then transfers the field to C.

B, having no notice of the transfer in good faith pays the rent to A, B is not chargeable with the rent to paid.

51. Improvements made by bona fide holders under defective titles. When the transferee of immovable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted therefrom by any person having a better title; the transferee has a right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured to the transferee, or to sell his interest in the property to the transferee at the then market value thereof, irrespective of the value of such improvement.

10. Subs. ibid, for “Sultanpur” (with effect fri the 14th October, 1955 )

The amount to be paid or secured in respect of such improvement shall be the estimated value thereof at the time of the eviction.

When, under the circumstances aforesaid, the transferee has planted or sown on the property crops which are growing when he is evicted therefrom, he is entitled to such crops and to free ingress and egress to gather and carry them.

52. Transfer of property pending suit relating thereto. During the 2[pendency] in any Court having authority in ‘,’[Pakistan], or established beyond the limits of [Pakistan] by “[the [Federal Government’s* * *, “[any] suit or proceeding ‘8[which is not collusive and] in which any right to immovable property is directly and specifically in question, the property cannot be transferred to otherwise dealt with by any party to the suit or proceeding so as to affect the right of any other party thereto under decree or order which may be made therein, except under the authority of the Court and on such terms as it may impose.

9[Explanation.‑‑For the purpose of this section, the pendency of a suit or proceeding shall be deemed to commence from the date of the presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction and to continue until the suit or proceeding has been disposed of by a final decree or order and complete satisfaction of discharge of such decree or order has been obtained, or has become unobtainable by reason of the expiration of any period of limitation prescribed for the execution thereof by any law for the time being in force.]

20[53. Fraudulent transfer. (1) Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor or delayed.

11. Section 52 has been amended in Sindh by the Transfer of Property and the Indian Registration (Sindh Amdt.) Act, 1939 (14 of 1939), S. 2.

12. Subs. for the Transfer of Property (Amdt.) Act, 1929 (20 of 1929), S. 14 for “active prosecution”.

13. Subs. by the Central Laws (Statute Reforms) Ordinance 1960 (21 of 1960), S. 3 and 2nd Sch. (with effect from the 14th October, 1955 ), for “the Provinces and the Capital of the Federation”, which had been subs. by A.O., 1949, Arts. 3 (2) and 4, for “ British India ”.

14. Subs. by A.O., 1937, for “the G.G. in C”.

15. Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.

16. The words “or the Crown Representative” omitted by A.O., 1949, Sch.

17. Subs. by Act 20 of 1929, S. 14, for “a contentious”.

18. Ins. ibid.

19. Explanation ins., ibid..

20. Subs. ibid., S. 15 for the original section.

Nothing in this sub‑section shall impair the rights of a transferee in good faith and for consideration.

Nothing in this sub‑section shall affect any law for the time being in force relating to insolvency.

A suit instituted by a creditor (which term includes a decree holder whether he has or has not applied for execution of his decree) to avoid a transfer on the ground that it has been made with intent to defeat or delay the creditors of the transferor, shall, be instituted on behalf of, or for the benefit of, all the creditors.

(2) Every transfer of immovable property made without consideration with intent to be fraud a subsequent transferee shall be voidable at the option of such transferee. .’

For the purposes of this sub‑section, no transfer made without consideration shall be deemed to have been made with intent to defraud by reason only that a subsequent transfer for consideration was made. ,

‘[53.A. Part performance. Where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer ca be ascertained with reasonable certainty, and the transferee has, in part performance of the contact, taken possession of the property or any part thereof or the transferee, being already in possession continues in possession in part performance of the contract and has done some act in furtherance of the contract, and the transferee has performed or is willing to perform his part of the contract, they notwithstanding that the contract, though required to be registered, has not been registered, or, where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken or continued in possession, other than a right expressly provided by the terms of the contract:---

Provided that nothing in this section shall affect the rights of a transferee for consideration who has no notice of the contract or of the part performance thereof.

S. 53A ins. by the Transfer of Property (Amdt.) Act, 1929 (20 of 1929), S. 16,

CHAPTER III

OF SALES OF IMMOVABLE PROPERTY

54. “ Sale defined”. “ Sale ” is a transfer of ownership in exchange for a price paid or promised or part paid and part promised.

54-A. Sale how made. Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered instrument.

In the case of tangible immovable property, of a value less than one hundred rupees, such transfer may be made either by a registered instrument or by delivery of the property.

Delivery of tangible immovable property takes place when the seller places the buyer, or such person as he directs in possession of the property.

Contract for sale.‑‑A contract for the sale of immovable property is a contract that a sale of such property shall take place on terms settled between the parties.

It does not, of itself, create any interest in or charge on such property.

Transfer of property under Section 54 T.P. Act envisages a transfer of ownership of immovable property for a price, paid or promised. To enforce a sale transaction, transferee is under legal obligation to establish, firstly that transfer was affected by a person having a title or authority to create a right, secondly, it was backed by passing of sale consideration and thirdly it was accompanied by delivery of possession. Mere registration of document by Registrar by itself dos not furnish proof of these elements which, must co‑exist prior to execution and registration of deed Onus to establish all these pre‑requisites lies on the transferee. Transferee having not put himself in the witness box, nor otherwise proved sale in his favour. Sale thus made is unauthorized and by a person not competent to affect it, besides being without consideration. Such a transaction pregnant with inherent infirmity, both legal and factual cannot be upheld, nor enforced legally specially when it was not incorporated in the revenue record during the life time of vendor and was kept concealed.‑‘

55. Rights and liabilities of buyer and seller. In the absence of a contract by the contrary, the buyer and the seller of immovable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold:‑‑

2. As to limitation to the territorial operation of paragraphs 2 and 3 4S. 54, see S. 54,

see S. 1, supra These paragraphs extend to every Cantonment in the Provinces etc.,

see S. 287 of the Cantonments Act, 1’924 (2 of 1924).

3. 1997 CLJ 33.

(1) The seller is bound:‑‑

(a) to disclose to buyer any material defect in the property ‘[or in the seller’s title thereto] of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;

(b) to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller’s possession or power;

him by the buyer in respect to the property or the title thereto;

(d5 on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer renders it to him for execution at a proper time and place;

(e) between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents;

(f) to give, being so required, the buyer, or such person as he directs

such possession of the property as its nature admits;

(g) to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all incumbencies on such property due on such date, and except where the property is sold subject to incumbencies, to discharge all incumbencies on the property then existing.

(2) The seller shall be deemed to contract with the buyer that the seller professes to transfer to the buyer subsists and that he has power to transfer the same:

Provided that, there the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no set whereby the property is incumbered or whereby he is hindered from transferring it.

The benefit of the contract mentioned in this rule shall be annexed to, and shall go with, the interest of the transferee as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested.

(3) Where the whole of purchase money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller’s possession or power:

4. ins. by the Transfer of Property (Amdt.) Act, 1929 (2 of 1929),

Provided that, (a) where the seller retains any part of the property comprised in such documents he is entitled to retain them all, and (b) where the whole of such property is sold to different buyers, the buyer of the for of greatest value is entitled to such documents. But in case (a) the seller, and in case (b) the buyer, of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require, and in the mean time, the seller, or the buyer of the lot of greatest value, as the case may be, shah keep the said documents safe, uncanceled and undefined, unless prevented from so doing by the or other inevitable accident.

(4) The seller is entitled:‑‑

(a) to the rents and profits of the property till the ownership thereof

passes to the buyer;

(b) where the ownership of the property has passed to the buyer before payment of the whole of the purchase money, to a charge upon the property in the hands of the buyer, 5[any transferee without consideration or any transferee with notice of the non‑payment] for the amount of the purchase money, or any part thereof remaining unpaid, and for interest on such amount or part [from the date on which possession has been delivered].

(5) The buyer is bound:‑‑

(a) to disclose to the seller any fact as to the nature or extent of the seller’s interest in the property of which the buyer is aware but of which he has reason to believe that the seller is not aware, and which materially increases the value of such interest;

(b) to pay or tender, at the time and place of completing the sale, the purchase‑money to the seller or such person as he directs: provided that, where the property is sold free from incumbencies, the buyer may retain, out of the purchase‑money the amount of any incumbencies on the property existing at the date other sale, and shall pay the amount so retained to the persons entitled thereto;

(c) where the ownership of the property has passed to the buyer, to bear any loss arising from the destruction, injury or decrease in value of the property not caused by the seller;

(d) where the ownership of the property has passed to the buyer, as between himself and seller, to pay all public charges and rent which may become payable in respect of the property, the principal moneys due on any incumbencies subject to which the property is sold, and the interest‑thereon afterwards accruing due.

(6) The buyer is entitled:‑‑

(a) where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property, and to the rents and profits thereof;

(b) unless he has improperly declined to accept delivery of the property, to a charge on the property, as against the seller and all persons claiming under him, s* * * to the extent of the seller’s interest in the property for the amount of any purchase‑money properly paid by the buyer, in anticipation of the delivery and for interest on such amount; and, when he properly declines to accept the delivery, also for the earnest (if any) and for the costs (if any) awarded to him of a suit to compel specific performance of the contract or to obtain a decree for its rescission.

An omission to make such disclosures as are mentioned in this section, paragraph (1), clause (a), and paragraph (5), clause (a), is fraudulent.

56. Marshalling by subsequent purchaser. If the owner of two or more properties mortgages them to one person and then sells one or more of the properties to another person, the buyer is, in the absence of a contract to the contrary, entitled to have the mortgage‑debt satisfied our of the property or properties not sold to him, so far as the same will extend, but not so as to prejudice the rights of the mortgagee or persons claiming under him or of any

other person who has for consideration acquired an interest in any of the properties].

Subs. by the Transfer of Property (Amdt.) Act, 1929 (20 of 1929), S. 18, for the original section.

Discharge of Incumbrances on Sale

57. Provision by Court for incumbrance and sale freed therefrom. (a) Where immovable property subject to any incumbrance, whether immediately payable or not, is sold by the Court or in execution of a decree, or out of Court, the Court may, if it thinks fit, on the application of any party to the sale, direct or allow payment into Court:‑‑

(1) in case of an annual or monthly sum charged on the property, or of a capital sum charged on a determinable interest in the property‑‑of such amount as, when invested in securities of the 8[Federal Government], the Court considers will be sufficient, by means of the interest thereof, to keep down or otherwise provide for that charge; and .

(2) in any other case of a capital sum charged on the property‑‑of the amount sufficient to meet the incumbrance and any interest the thereon.

But in either case there shall also be paid into Court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses and interest and any other contingency, except depreciation of investments, not exceeding one‑tenth part of the original amount to be paid in, unless the Court for special reasons (which it shall record) thinks fit to require a larger additional amount.

(b) Thereupon the Court may, if it thinks fit, and after notice to the incumbrancer, unless the Court, for reasons to be recorded in witting, thinks fit to dispense with such notice, declare the property to be freed from the incumbrance, and make any order for conveyance, or vesting order, proper for giving effect to the sale, and give directions for the retention and investment of the money in Court.

(c). After notice served on the persons interested in or entitled to the money or fund in Court, the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, and generally may give directions respecting the application or distribution of the capital or income thereof.

(d) An appeal shall lie from any declaration, order or direction under this section as if the same were a decree. .

y (c) In this section “Court” means (1) a High Court in the exercise of the ordinary or extraordinary original civil jurisdiction, (2) the Court of a District Judge within the local limits of whose jurisdiction the property or any part thereof is situate, (3) any other Court which the 9[Provincial Government] may, from time to time, by notification in the official Gazette, declare to be competent to exercise the jurisdiction, conferred by this section.

OF MORTGAGES OF IMMOVABLE PROPERTY AND CHARGES

58. “Mortgage” “mortgagor” “mortgage”, “mortgage‑money” and “mortgage” defined.- (a) A mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt or the performance of an engagement which may give rise to a pecuniary liability.

The transferor is called a mortgagor, the transferee a mortgagee, the principal money and interest of which payment is secured for the time being are called the mortgage‑money and the instrument (if any) by which the transfer is effected is called a mortgage‑deed.

(b) Simple mortgage. Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage money, and agrees expressly or implied, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage‑money, the transaction is called a simple mortgagee.

on condition that on default of payment of the mortgage money on a certain date the sale shall become absolute;

or on condition not on such payment being made the sale shall become void, or;

on condition that on such payment being made the buyer shall transfer the property to the seller,

the transaction is called a mortgage by conditional sale and the mortgagee a mortgagee by conditional sale:

Provided that no such transaction shall be deemed to be a mortgage, unless the conditional is embodied in the document which effects or purports to effect the sale

(d) Usufructurary mortgage. Where the mortgagor delivers possession or expressly or by implication binds himself to deliver possession of the mortgaged property to mortgagee, and authorizes him to retain such possession until payment of the mortgage money, and to receive the rents and profits accruing from the property “ or any part of such rents and profits and to appropriate the same in lieu of interest, or in payment of the mortgage‑money, ‘‘[or] part in lieu of interest or partly in payment of the mortgage money, the transaction is called a usufructuary mortgage and the mortgage a usufructuary mortgage.

(e) English mortgage. Where the mortgagor binds himself to repay the mortgage‑money on a certain date, and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that he will re‑transfer ‑ it to the mortgagor upon payment of the mortgage‑money as agreed, the transaction is called an English mortgage.

(f) Mortgage by deposit of title‑deeds. Where a person in the town of Karachi , delivers to a creditor or his agent documents of title to immovable property, with intent to create a security thereon, the transaction is called a mortgage by deposit of title‑deeds.

(g) Anomalous mortgage. A mortgage which is not a simple mortgage, a mortgage by conditional sale, a usufructuary mortgage, an English mortgage or a mortgage by deposit of title ‑deeds within the meaning of this section is called an anomalous mortgage “[Provided that, where a mortgage by deposit of title deeds is to be created in favour of a banking company as defined in the Banking Tribunals Ordinance, 1984 (LVIII of 1984), the same may also be created by an entry in the record of rights against the entry relating to such immovable property.]

59. Mortgage when to be by assurance.- Where the principal money secured is one hundred rupees or upwards, a mortgage’s [other than a mortgage by deposit of title‑deeds] can be effected only by the registered instrument signed by the mortgagor and attested by at least two witnesses.

Where the principal money secured is less than one hundred rupees, a mortgage may be effected either by ‘°[a registered instrument] signed and attested as aforesaid, or (except in the case of a simple mortgage) by delivery of the property.

59‑A. References to mortgagors and mortgagees to include persons deceiving title from them .- Unless otherwise expressly provided, references in this Chapter to mortgagors and mortgagees shall be deemed to include references to persons deriving title from them respectively.

60. Right of mortgagor to redeem .- At any time after the principal money has become 3[due], the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgagee‑money, to require the mortgage (a) to deliver 4[to the mortgagor the mortgage‑deed and all documents relating to the mortgaged property which are in the possession or power of the mortgagee], (b) where the mortgagee is in possession of the mortgaged property, to deliver possession thereof to mortgagor, and (c) at the cost of the mortgagor either to re‑transfer the mortgaged property to him or to such third person as he may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have registered an acknowledgment in writing that any right in derogation of his interest transferred to the mortgagee has been extinguished:---

Provided that the right conferred by this section has not been extinguished by the act of the parties or by 5[decree] of a Court.

The right conferred by this section is called a right to redeem and a suit to enforce it is called a suit for redemption.

Nothing in this section shall be deemed to render invalid any provision to the effect that, if the time fixed for payment of the principal money has been allowed to pass or no such time has been fixed, the mortgagee shall be entitled to reasonable notice before payment of tender of such money.

Redemption of portion of mortgaged property. Nothing in this section shall entitle a person interested in a share only of the mortgaged property to redeem his own share only, on payment of a proportionate part of the amount remaining due on the mortgage, except, 6[only] where a mortgagee, or, if there are more mortgagees than one, all such mortgagees, has or have acquired, in whole or in part, the share of a mortgagor.

[60‑A. Obligation to transfer to third party instant of re-transference to mortgagor .- (1). Where a mortgagor is entitled to redemption, then, on the fulfillment of any conditions on the fulfillment of which he would be entitled to require a re‑transfer, he may require the mortgagee, instead of re‑transferring the property, to assign the mortgage debt and transfer the mortgaged property to such third person as the mortgagor may direct; and the mortgagee shall be bound to assign and transfer accordingly.

(2) The rights conferred by this section belong to and may be enforced by the mortgagor or by any encumbrance notwithstanding an intermediate encumbrance; but the requisition of any encumbrance shall prevail over a :q,risition of the inoitgAgor aw), a, horwrea encumbrancers, the recuisition a prior encumbrancer shall prevail over that of a subsequent ncumbrancer.

13) ‘rhe proNzsions of this section do no3. apply, in a case of a mortgagee who is or has been in possession.

60‑B. Right to inspection and production of documents .- A mortgagor, as long as his right of redemption subsists, shall be entitled a all reasonable times at his request and at his own cost, and on payment of the mortgagee’s costs and expenses in this behalf, to inspect and make copies or abstract, of, or extracts from, documents of title relating to the mortgaged property which are in the custody or power of the mortgagee.

a [61. right to redeem separately or simultaneously .- A mortgagor, who has executed two or inure mortgages in favour of the same mortgagee hall, in the absence of a contract to the contrary, when the principal money f any two or more of the mortgages has become due, be entitled to redeem any one such mortgage separately, or any two or more of such mortgages together.]

62. Right of usufructuary mortgagor to recover possession .- In he cane of a usufructuary mortgage, the mortgagor has right to recover possession of the property 9[together with the mortgage‑deed and all locumeirts relating to the mortgaged property which are in the possession or lower of the mortgagee],‑‑

(a) where the mortgagee is authorized to pay himself the mortgage money from the rents and profits of the property. When such money is paid;

(b) where the mortgagee is authorized to pay himself from such rents and profit > “[or any part theri~ui a part only c;f the mortgage‑money] when the term, if any, prescribed for the payment of the mortgagemoney has expired and the m:n: cgagor pays or tenders to the mortgagee “ [the mortgage‑ir. ):.ev or the balance thereof] or del;osits it. in Court as hereinafter vided.

63. Accession to mortgaged property .- Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgagee, received any accession, the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, be entitled as against the mortgagee to such accession.

Accession acquired in virtue of transferred ownership. Where such accession has been acquired at the expense of the mortgagee, and .is capable of separate possession or enjoyment without detriment to the principal property, the mortgagor desiring to take the accession must pw to the mortgagee the expense of acquiring it. If such separate profession or enjoyment is not possible, the accession niu:,t undelivered with the ;.”Operty; the mortgagor being liable, in the case of an acquisition necessary to preserve the property from destruction, forfeiture or sale, or made with his assent, to pay the proper cost thereof, as an addition to the principal money, “[with interest at the same rate as is payable on the principal, where no such rate is fixed, at the rate of nine per cent per annum].

In the case last mentioned the profits, if any, arising from the accession shall be credited to the mortgagor. ,~‑;,,

Where the mortgage is usufructuary and the accession has been acquired at the expense of the mortgagee, the profits, if any, arising from the accession shall, in the absence of a contract to the contrary, be set off against interest, if any, payable on the money so expended.

‘3[63‑A. Improvements to mortgaged property. (1) Where mortgaged property in possession of the mortgagee has during the continuance of the mortgage, been improved, the mortgagor, upon redemption, shall, in the absence of a contract to the contrary, he entitled to the improvement, and the mortgagor shall not, save only in cases provided for in sub‑section (2), be liable to pay the cost thereof.

112) Where any such improvement was effected at the cost of the mortgagee and was necessary to preserve the property from destruction or deterioration or was necessary to prevent the security from becoming insufficient, or was made in compliance with the lawful order of any public servant or public authority, the mortgagor shall, in the absence of a contract to the contrary, be liable to pay the proper cost thereof as an addition to the principal money with interest at the same rate u‑ is payable er the principal, or, where no such rate is fixed, at the rate of nine per cent per annum, and the profits, if any, accruing by reason of die improvement shall be credited to the mortgagor.]

64. Renewal of mortgaged lease. Where the mortgaged property is a lease, ‘4* * * and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption, shall, in the absence of a contract by him to the contrary, have the benefit of the new lease.

65. Implied contracts by mortgagor. In the absence of a contract to the contrary, the mortgagee shall be deem to contract with the mortgagee:‑ (a) that the interest which the mortgagor professes to transfer to the mortgagor subsists, and the mortgagor has power to transfer the same;

(b) that the mortgagor will defend, or if the mortgagee be in the possession of the mortgaged property, enable him to defend, the mortgagor title thereto;

(c) that the mortgagor will, so long as the mortgagee is not in possession of the mortgaged property, pay all, public charges accruing due in respect of the property;

(d) and, where the mortgaged property is a lease, 6* * * that the rent payable under the lease, the conditions contained therein, and the contracts binding on the lessee have been paid, performed –and observed down to,the commencement of the mortgage; and that the mortgagor will, so long as the security exists and the mortgagee is a not in possession of the mortgaged property, pay the rent reserved by the lease, or, if the lease be renewed, the renewed lease, perform the conditions ‑contained therein and observe the contracts binding on lessee, and indemnify the mortgagee against all claims sustained by reason of the non‑payment of the said rent or the non performance or non‑observance of the said conditions and contracts;

(e) and, where the mortgage is a second or subsequent incumbrance on the property, that the mortgagor will pay the interest from time to time accruing due on such prior incumbrance as and when it becomes due, and will at the proper time discharge the principal money due on such prior incumbrance.

The benefit of the contracts mentioned in this section shall be annexed to and shall go with the interest of the mortgagee as such, and may be enforced by every person in whom that interest is for the whole or any part; thereof from time to time vested.

8[65=A. Mortgagor’s power to lease. (1) Subject to the provisions of sub‑section (2) a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof which shall be binding on the mortgagee.

(2) (a) Every such lease shall be such as would be made in the ordinary course of management of the property concerned, and in accordance with any local law, custom or usage.

(b) Every such lease shall reserve the best rent that can reasonably obtained, and no premium shall be paid or promised and no rent shall be payable in advance.

(d) Every such lease shall take effect from a date not later than six months from the date on which it is made.

(e) In the case of a lease of buildings, whether leased with or without the land` on which they stand, the duration of the lease shall in no case exceed three years, and the lease shall contain a convenient for payment of the rent and a condition of re‑entry on the rent not being paid within a time therein specified.

(3) The provisions of sub‑section ei) apply only if and as far as a contrary intention is not expressed in the mortgage‑deed; and the provisions of sub‑section (2) may be varied or extended by the mortgage‑deed and, as so varied and extended, shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub‑section.]

66. Waste by mortgage in possession. A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act which is destructive or permanently injurious thereto, if the security is insufficient or will be rendered insufficient by such act.

Explanation :--- A security is insufficient within the meaning of this section unless the value of the mortgaged property exceeds by one‑third, or, if consisting of buildings, exceeds by one‑half, the amount for the time being due on the mortgage.

Rights and Liabilities of Mortgagee

67. Right to foreclosure or sale :--- In the absence of a contract to country, the mortgagee has at any time after the mortgage‑money has become ‘5[due] to him, and before a decree has been mace for the redemption of the mortgaged property, or the mortgage‑money has been paid or deposited as hereinafter provided, a right to obtain from the Court’a dqcree that the mortgagor shall be absolutely debarred of his right to redeem the property, or ‘s[a decree] that the property be sold.

A suit to obtain 1[a decree] that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called a suit for foreclosure_

Nothing in this section shall be deemed.

“[(a) to authorize any mortgagee, other than mortgagee by conditional sale oral mortgagee under an anomalous mortgage by the terms of which he is entitled to foreclose, to institute a suit for foreclosure, or an usufructuary mortgagee as such or mortgagee by conditional sale as such, to institute a suit for sale; or

(b) to authorize a mortgagor who holds the mortgagee’s right as his trustee or legal representative, and who may sue for a sale of the property, to institute a suit for foreclosure; or

(c) to authorize the mortgagee of a railway, canal or other work in the maintenance which the public are interested, to institute a suit for foreclosure or sale; or

(d) to authorize a person interested in part only of the mortgage‑money to institute as suit relating only to a corresponding part of the mortgaged property, unless the mortgagees have, with the consent of the mortgagor, severed their interests under the mortgage.

1g[67‑A. Mortgage when bound to bring one suit on several mortgages. A mortgagee who holds two or more mortgages executed by the same mortgagor in respect of each of which he had a right to obtain the same kind of decree under section 67, and who sues to obtain such decree on anyone of the mortgages, shall, in the absence of a contract to the contrary, be bound to sue on all the mortgages in respect of which the mortgagemoney has become due.

19[68, Right to sue for mortgage‑money. (1) The mortgagee has a Right to sue for the mortgage‑money in the following cases and no others, namely:‑‑

. (a) where the mortgagor binds himself to repay the same;

(b) where by any cause other than the wrongful act or default of the mortgagor or mortgagee, the mortgaged property is wholly or partially destroyed or the security is rendered insufficient within the meaning of section 66, and the mortgagee has given the mortgagor a reasonable opportunity of providing further security enough to render the whole security sufficient, and the mortgagor has failed to do so;

(c) where the mortgagee is deprived of the whole or part of his security by or in consequence of the wrongful act or default of the mortgagor;

(d) where the mortgagee being entitled to possession of the mortgaged property, the mortgagor fails to deliver the same to him, or to secure the possession thereof to him without disturbance by the mortgagor or any person claiming under a title superior to that of the mortgagor:

Provided that, in the case referred to in the clause (a), transferee from the mortgagor or from his legal representative shall not be liable to be sued for the mortgage‑money.

(2) Where a suit is brought under clause (a) or clause (b) of sub‑section (1), the Court may, at its discretion, stay the suit and all proceedings therein, notwithstanding any contract to the contrary, until the mortgagee has exhausted all his available remedies against the mortgaged property or what remains of it, unless the mortgagee abandons his security and, if necessary, re‑transfers the mortgaged property.

mortgaged property, or any part thereof, in default of payment of the mortgage‑money, without the intervention of the Court, in the following cases and in no others, namely:‑‑

(a) where the mortgage is an English mortgage, and neither the mortgagor nor the mortgagee is a Hindu, 3[Muslim] or Buddhist ‘[or member of any other race, sect tribe or class from time to time specified in this behalf by 5[the Provincial Government] in the [official Gazette];

‘[(b) Where the mortgagee is the Federal .Government or a Provincial Government or a banking company as. defined in the Banking Tribunals Ordinance, 1984 (LVIII of 1984)].

(c) where a ‘°[power of sale without the interaction of the Court is expressly conferred on the mortgagee by the mortgagee‑deed and] the mortgaged property or any part thereof “[was, on the date of the execution of the mortgage‑deed], situate within the “[town of] Karachi, ‘2* * *or in any other town ‘‘‑[or area] which the ‘3[Provincial Government] may, by notification in the ‘4[official Gazette], specify in this behalf.

‘5* ‘s[(2)] “[A power under sub‑section (1) shall not be exercised unless and until:‑‑

‘8[(a)] notice in writing requiring payment of the principal money has been served on the mortgagor, or on one of several mortgagors, and default has been made in payment of the principal money, or of part thereof, for three months after such service; or

‘9[(b)] some interest under the mortgage amounting at least to five hundred rupees is in arrear and unpaid for three months after becoming due 2°[‑ “:

‘[Provided that the power of a Schedule Bank under clause (b) of subsection (1) shall further be subject to such conditions as may be prescribed in this behalf by notification in the official Gazette by the 2[Federal Government] in consultation with the State Bank of Pakistan.

3[(3)] When a sale has been made in professed exercise of such a power, the title of the purchaser shall not be impeachable on the ground that no case had arisen to authorize the sale, or that due notice was not given or that the power was otherwise improperly or irregularly exercised, but any person dandified by an unauthorized or improper or irregular exercise of the power shall have his remedy in damages against the person exercising the power.

‘[(4)] The money which is received by the mortgagee, arising from the sale, after discharge of prior Incumbrances, if any, to which the sale is not

made subject, or after payment into Court under section 5? of a sum to meet any prior incuniorance, shall, in the absence of a contract to the contrary, be held by him in trust to be applied by him first, in payment of all costs, charges and expenses property incurred by him as incident to the sale or at attempted sale; and secondly, in discharge of the mortgage‑money and costs and other money, if any, due under the mortgage; and the residue of the money so received shall be paid to the person entitled to the mortgaged property, or authorized to give receipts for the proceeds of the sale thereof.

‘[69‑A. Appointment of receiver. (1) A mortgagee having the right to exercise a power of sale under section 69 shall, subject in the provisions of sub‑section (2), be entitled to appoint, by writing signed by him or on his behalf, a receive of the income of the mortgaged property or any part thereof.

(2) Any person who has been named in the mortgage‑deed and is willing and able to act as receiver may be appointed by the mortgagee.

If no person has been so named, or if all persons named are unable or unwilling to act, or are dead, the mortgagee may appoint any person to whose appointment the mortgagor agrees; failing such agreement, the mortgagee shall be entitled to apply to the Court for the appointment of a receiver, and any person appointed by the Court shall be deemed to have been duly appointed by the mortgagee.

A receiver may at any time be removed by writing signed by or on behalf of the mortgagee and the mortgagor, or by the Court on application made by either party and on due cause shown.

A vacancy in the office of receiver may be filled in accordance with the provisions of this sub‑section.

(3) A receiver appointed under the powers conferred by this section shall be deemed to be the agent of the mortgagor; and the mortgagor shall be solely responsible for the receiver’s acts or defaults, unless the mortgage deed otherwise provides or unless such acts or defaults are due to the improper intervention of the mortgagee.

(4) The receiver shall have power to demand and recover all the income of which he is appointed receiver, by suit, execution or otherwise, in the name either of the mortgagor or of the mortgagee to the full extent of the interest which the mortgagor could dispose of, and give valid receipts

accordingly for the same, and to exercise any powers which may have been delegated to him by the mortgagee in accordance with the provisions of this section.

(5) A person paving money to the receiver shall not be concerned to inquire if the appointment of the receiver was valid or not.

(6) The receiver shall be entitled to retain out of any money received b3, him for his remuneration, and in satisfaction of all costs, charges, and expenses incurred by him as receiver, a commission at such rate not exceeding five per cent on the gross amount of all money received as is specified in his appointment, and, if no rate is so specified .then at the. rate of five per cent on that gross amount, or at such other rate as the Court thinks fit to allow, on application made by him for the purpose.

(7) The receiver shall, if so directed in writing by the mortgagee, insure to the extent, if any, to which the mortgagee might have insured, and keep insured against loss or damage by fire, out of the money received by him, the mortgaged property or any part thereof being of an insurable nature.

(8) Subject to the provisions of this Act as to the application of insurance money, the receiver shall apply all money received by him as follows, namely:‑‑

, (i) in discharge of all rents, taxes, land revenue, rates and out goings

~, ,.• ; whatever affecting the mortgaged property;

„ r <.

(ii) in keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the mortgage III right whereof he is receiver;

(iii) in payment of his commission, and of the premiums of fire, life or other insurances, if any, properly payable under the mortgage‑deed or under this Act, and the cost of executing necessary or proper repairs directed in writing by the mortgagee:

(iv) in payment of the interest falling doe under the mortgage;

(u) in or towards discharge of the principal money. if so directed in writing by the mortgagee;

and shall pay the residue, if any, of the money received by him to the perform who, but for the possession of the receiver, wnnld have been entitled to receive the income of which he is appointed receiver, or who is otherwise entitled to the mortgaged property.

(9) The provisions of sub‑section (1) apply only if and as far as contran intention is not expressed in the mortgage‑deed; and the provisions of subsection (3) to (8) inclusive may be varied or extended by the mortgage‑deed, and, as so varied or extended, shall, as far as may be, operate in like manner and with all the like incidents, effects and consequences, as if such variations or extensions were contained in the said sub‑sections.

(10) Application may be made, without the institution of a suit, the Court for its opinion, advice or direction on any present question respecting the management or administration of the mortgaged property, other than questions of difficulty or importance not proper in the opinion of the Court for summary disposal. A copy of such application shall be served upon, and the hearing thereof may be attended by, such of the persons interested in the application as the Court may think fit.

The costs of every application under this sub‑section shall be in the direction of the Court.

(11) In this section, “the Court” means the Court which would have ,jurisdiction in a suit to enforce the mortgage.

70. Accession to mortgaged property. If after the date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absence of a contract to the contrary, shall, for the purposes of the security, be entitled to such accession.

a) A mortgages to B a certain field bordering on a river. The field is increased by allusion. For the purposes of his security, B is entitled to the increase.

b) A mortgages a certain plot of building land to B and afterwards erects a house on the plot. For the purposes of this security B is entitled to the house as well as the plot.

71. Renewal of mortgaged lease. When the mortgaged property is a ****, and the mortgagor obtains a renewal of the lease, the mortgagee in the absence of a contract to the contrary, shall, for the purpuose of the security, be entitled to the new lease.

**** The words “for a term of years” rep. by the Transfer of Property (Amdt.) Act, 1929 (20 of 1929), S. 36.

72. Rights of mortgagee in possession. *[A mortgagee] may spend such money as is necessary.

**********10. Clause (a) was rep., ibid.

* Subs. ibid., S. 37 for “When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property, “he”.

(b) for the preservation of the mortgaged property from destruction, forfeiture or sale;

(d) for making his own title thereto pond against mortgagor; and

and may, in the absence of a contract to the contrary, add such money to the principal money, at the rate of interest payable on principal, and where no such rate is fixed, at the rate of nine per cent per annum: ‘‘‑[Provided that the expenditure of money by” the mortgagee under clause (b) or clause (c) shall not be deemed to be necessary unless the mortgagor has been called upon and has failed to take proper and timely steps to preserve the property or to support the title].

When the property is by its nature insurable, the mortgagee may also, n the absence of a contract to the contrary, insure and keep insured against loss or damage by fire the whole or any part of such property; and the premium paid for any such insurance shall be 7[added to the principal money with interest at the same rate as is payable on the principal money or, where no such rate is fixed, at the rate of nine per cent per annum]. But the amount of such insurance shall not exceed the amount specified in this behalf in the mortgage‑deed or (if no such amount is therein specified) two thirds of the amount that would be required in case of total destruction to reinstate the property insured. .

Nothing in this section shall be deemed to authorize the mortgagee to insure when an insurance of the property is kept up by or on behalf of the mortgagor to the amount in which the mortgagee is hereby authorized to insure.

73. Rights to proceeds of revenue sale or compensation on acquisition. (1) Where the mortgaged property or any part thereof ‑or any interest therein is sold owing to failure to pay arrears or revenue or other charges of a public nature or rent due in respect of such property, and such failure did not arise from any default of the mortgagee, the mortgagee shall be entitled to claim payment of the mortgage‑money in whole or in part, out of any surplus of the sale‑proceeds remaining after payment of the arrears and of all charges and deductions directed by law.

(2) Where the mortgaged property or any part thereof or any interest therein is acquired under the Land Acquisition Act, 1894 (of 1894), or any other enactment for the time being in force providing for the compulsory acquisition of immovable property, the mortgagee shall be entitled to claim payment of the mortgage‑money, in whole or in part, out of the amount due to the mortgagor as compensation.

(3) Such claims shall prevail against all other claims except those of prior encumbrances, and may been forced notwithstanding that thp principal money on the mortgage has not become due].

12. Proviso ins. by S. 37 of the Transfer of Property (Amdt.) Act, 2929 (20 of 1926),

13. Subs, ibid., for certain original words.

74. Right of subsequent mortgagee to pay off prior mortgagee [Repealed by the Transfer of Property Amendment Act, 1929 (XX of 1929), S 39].

75. Rights of mense mortgagee against prior and subsequent mortgagees. [Repealed by the Transfer of Property Amendment) Act, 192! (XX of 1929), S. 39].

76. Liabilities of mortgagee in possession . When, during this continuance of the mortgage, the mortgagee takes possession of this mortgaged property:‑‑

(a) be must manage the property as a person of ordinary prudence would manage it if it were his own;

(b) he must use his best endeavors to collect the rents and profit thereof;

(c) he must, in the absence of a contract to the contrary out of the, income of the property, pay the Government revenue, all other charges of a public nature 15[and all rent accruing due in respect thereof during such possession, and any arrears of rent in,default of payment of which the property may be summarily sold’;

(d) he must, in the absence of a contract to the contrary, make such necessary repairs of the property as he can pay for out of the rent and profits thereof after deducting from such rent and profits the payments mentioned in clause (c) and the interest on the principal money;

(e) he must not commit any act which is destructive or permanently injurious to the property;

(f) where he has insured the whole or any part of the property against loss or damage by fire, he must, in case of such loss or damage, apply, any money which he actually receives under the policy or so much thereof as may be necessary, in reinstating the property, or, if the mortgagor, so directs in reduction or discharge of the mortgage money;

(g) he must keep clear, full and accurate account of all sums receive and spent by him as mortgagee, and, , at any time during the continuance of the mortgage, give the mortgagor, at his request an cost, true copies of such accounts and of the vouchers by which the are supported;

(h) his receipts from the mortgaged property, or, where such property i personally occupied by him, a fair occupation‑rent in respect thereof, shall, after deducting the expenses 16[property incurred for the management of the property and the collection of rents and profits and the other expenses] mentioned disclosers (c) and (d), and interest thereon be debited against him in reduction of the amount (if any) from time to time due to him on account of interest “*

and so far as such receipts exceed any interest due, in reduction or discharge of the mortgage‑money; the surplus, if any, shall be paid to the mortgagor;

(i) when the mortgagor tenders, or deposits in manner hereinafter provided; the amount for the time being due on the mortgage, the mortgagee must notwithstanding the provisions in is section, account for his 1g* receipt from the mortgaged property from the date of the lender or from the earliest time when he could take such amount out of Court, at the case may be ‘9[and shall not be entitled to deduct any amount therefrom on account of any expenses incurred after such date or time in connection with the mortgaged property].

Loss occasioned by his default. If the mortgagee fail to perform any of the duties imposes upon him by this section, he may, when accounts are taken in pursuance of a decree made under this Chapter, be debited with the loss, if any, occasioned by such failure.

77. Receipts in lieu of interest. Nothing in section 76, clauses (b), (d), (g) and (h), applies to cases where there is a contract between the mortgagee and the mortgagor that the receipts from the mortgaged property shall, so long as the mortgagee is in possession of the property, be taken in lieu of interest on the principal money, or in lieu of such interest and defined portions of the principal.

78. Postponement of prior mortgagee. Where, through the fraud, misrepresentation or gross neglect of a prior mortgagee. another person has been induced to advance money on the security of the mortgaged property, the prior‑ mortgagee shall be postponed to the subsequent mortgagee.

79. Mortgage tea secure uncertain amount when maximum is expressed. If a mortgage made to secure future advance, the performance of an engagement or the balance of a running account, expresses tile maximum to be accrued thereby, a subsequent mortgage of the property shall, if made with notice of the prior mortgage, be postponed to the prior mortgage in respect of all advances or debts not exceeding the maximum, though made or allowed with notice of the subsequent mortgage.

A mortgages Sultanpur to his bankers, B & Co., to accrue the balance of his amount with them to the extent of Rs.10,000. A then mortgages aultanpur to C, to secure Rs. 10,000, C having notice of the mortgage to B & Co., and C gives notice to B & Co., of the second mortgage. At the date of the second mortgage, the balance due to B & Co., does not exceed Rs. 5,000. B & Co. , subsequently advanced to A sums making the balance of the account against him exceed the sum of Rs.10,000. B & Co. , are entitled, to the extent of Rs. 10,000, to priority over C.

80. Tacking abolished. [Repealed by section 41 of the Transfer of Property (Amendment Act 1929 (XX of 1929)].

Marshalling and Contribution

81.** [Marshalling securities. If the owner of two or more properties mortgages them to one person and then mortgages one or more of the properties to another person, the subsequent mortgagee is, in the absence of a contract to the contrary, entitled to have the prior mortgage‑debt satisfied out of the property or properties not mortgaged to him, so far as the same Will extend, but not so as to prejudice the right of the prior mortgagee or of any other person who has for consideration acquired an interest in any of the properties.] .

**[]Subs. by the Transfer of Property (Amdt.) Act, 1929 (20 of 1929), S. 42, for the original section. .

82. Contribution to mortgage‑debt. ‘[Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts of such property owned by such persons are, in the absence of a contract to the contrary, liable to contribute rateable to the debt secured by the mortgage, and for the purpose of determining the rate at which each such share or part shall contribute, the value thereof shall be deemed to be its value at the date of the mortgage after deduction of the amount of any other mortgage or charge to which it may have been subject on that date].

Where, of two properties belonging to the same owner, one is mortgaged to secure one debt and then both are mortgaged to secure another debt, and the former debt is paid out of the former property, each property is, in the absence of a contract. to the contrary, liable to contribute rateable to the latter ter deducting the amount of the former debt from the issue of the property‑ out of which it has been paid.

Nothing in this section applies to a property liable under section 81 to the claim of the 2[subsequent] mortgage.

83. Power to deposit to Court money due on mortgage. At any time after the principal money 3[payable in respect of any mortgage has become due] and before a suit for redemption of the mortgaged property is barred, the mortgagor, or any other person entitled to institute such suit, may deposit, in any Court in which he might have instituted such suit, so the account of the mortgagee, the amount remaining due on the mortgage.

Right to money deposited to mortgagor. The Court shall thereupon cause written notice of the deposit to be served on the mortgagee, and the mortgagee may on presenting a petition (verified in manner prescribed by law for the verification of plaints) stating the amount them due on the mortgage and his willingness to accept the money so deposited in full discharge of such amount and on depositing in the same Court the mortgaged‑deed [and all documents in his possession or power relating to the mortgaged property] apply for and receive the money, and the mortgage deed a **[and all such other documents] so deposited shall be delivered to the mortgagor or such other person as aforesaid.

** Subs. by Act 20 of 1929, S. 44, for “if then in his possession his power”.

***[Where the mortgagee is in possession of the mortgaged property, tile Court shall, before paying to him the amount so deposited, direct him to deliver possession thereof to the mortgagor and at. the cost of the mortgagor either to re‑transfer the mortgaged property to the mortgagor or to such third person as the mortgagor may direct or to execute and (where the mortgage has been effected by a registered instrument) have registered and acknowledgment in writing that any right in derogation of the mortgagor’s interest. transferred to the mortgage has been extinguished.]*** Ins. ibid., S. 45.

Deposit in Court

84. Cessation of interest. When the mortgagor or such other person as aforesaid has tendered or deposited iii Court under section 83 the amount remaining due on the mortgage, interest on the principal money shall cease from the date of the tender of [in the case of a deposit, where no previous tender of such amount Las been made] as soon as the mortgagor or such other person as aforesaid has done all that has to be done by him to enable the mortgagee to Lake such amount out of Court, *[and the notice required by section 83 has been served on the mortgagee: ,

Provided that, where the mortgagor has deposed such amount without having made a previous tender thereof and his subsequently withdrawn the same or any part thereof, interest on the principal money shall be payable same from the date of such withdrawal]

* Subs. ibid., for “as the case may be”.

Nothing in this section or in section 83 shall be deemedto deprive the mortgagee or his right to interest when there exists a contract that he shall be entitled to a reasonable notice before payment or tender of the mortgage money **[and such notice has been given before the making of the render or deposit, as the case may be].

** Ins. by the Transfer of Property (Amdt.) Act, 1929 (20 of 1929), S. 45.

Suit for Foreclosure, Sale or Redemption .

85. Parties to suits for Foreclosure, sale and redemption.

[Repealed by the Code of Civil Procedure, 1908 (Act of 1908), section 156 and Schedule V]

Foreclosure and Sale

86. [Repealed by the Code of Civil procedure, 1908 (Act V of 1908), section 156 and Schedule V.]

87. [Repealed by the Code of Civil procedure, 1908 (Act V of 1908), section 156 and Schedule V.]

88. [Repealed by the Code of Civil procedure, 1908 (Act V of 1908), section 156 and Schedule V.]

89. [Repealed by the Code of Civil procedure, 1908 (Act V of 1908), section 156 and Schedule V.]

90. [Repealed by the Code of Civil procedure, 1908 (Act V of 1908), section 156 and Schedule V.]

Subs. by Act 20 of 1929, S. 46, for the original section.

{91. Persons who may sue for redemption. Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property namely:‑‑

(a) any person (other than the mortgagee of the interest sought to be redeemed), who has any interest in, or charge upon, the property mortgaged or in or upon the right to redeem the same;

(b) any surety for the payment of the mortgagee‑debt or any part thereof; or or who has in a suit for the

92. Subrogation. Any of the persons referred to in section 91 (other the mortgagor) and any co shall, on redeeming property subject to the mortgage, have, so far as regards redemption, foreclosure of sale of such property, the same rights as the mortgagee whose mortgage he redeems may have against the mortgagor or any other mortgagee.

[Ss. 92 to 94 were ins. ibid., S. 47.].

The right conferred by this section is called the right of subrogation and a person acquiring the same is said to‑be subrogated to the rights of the mortgagee whose mortgage he redeems.

A person who has advanced to a mortgagor money with which the mortgage has been redeemed shall be subrogated to the rights of the mortgagee whose mortgage has been redeemed, if the mortgagor has by a registered instrument agreed shall such persons shall be so subrogated.

Nothing in this section shall be deemed to confer a right of subrogation on any person unless the mortgagor in respect of which ;.lie right is claimed has been redeemed in full.

93. Prohibition of tacking. No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any property in respect of his original security, and, except in the case provided for by section 79, no mortgagee making a subsequent advance to the mortgagor whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his security for such subsequent advance.

94. Rights of mense mortgagee. Where a property is mortgaged for successive debts to successive mortgagees, a mense mortgagee has the same rights against mortgagees posterior to himself as he has against the mortgagor.

95. Right of redeeming co‑mortgagor to expenses. Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92 against his comortgagors, be entitled to add to‑the mortgage‑money recoverable from them such proportion of the expenses properly incurred in such redemption as is attributable to their share in the property.

96. Mortgage by deposit of title‑deeds. The provisions hereinbefore contained which apply to a single mortgage shall, so far as may be, apply to a mortgage by deposit of title‑deeds.

Ss. 95 and 96 were subs. by the Transfer of Property (Amdt.) Act, 1929 (20 of 1929), S. 48 for the original section 95.

97. Application of proceeds. [Repealed by the Code of Civil Procedure, 1908 (Act V of 1908), S, 156 and Sch. V.]

Anomalous Mortgages

98. Rights and liabilities of parties to anomalous mortgagee. In the case of **[an anomalous mortgage], the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage deed, and so far as such contract does not extend, by local usage,:

**Subs. by Act 20 of 1929, S. 49, for “a mortgage, not being a simple mortgage, a mortgage by conditional sale, an usufructualy mortgage or an English mortgage or a. combination of the first and third, or the second and third, of such forms”.

99. [Attachment of mortgaged property.] Rep. by the Code of Civil Procedure 1908 (Act V of 1908), S, 156 and Sch. V

100. Charges. Where immovable property of one person by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained “[which apply to a simple mortgage shall, so far as may be, apply to such charged.

Nothing in this section applies to the charge of a trustee on the trust property for expenses property incurred in the execution of his trust’s * [and, save as otherwise expressly provided by any law for the time being in force, no charge shall be enforced against any property in the hands of a person to whom such property has been transferred for consideration and without notice of the charge]. * Ins. ibid., S. 50.

*[101. No merger in case of subsequent encumbrance. Any mortgagee of, or person having a charge upon, immovable property, or any transferee from such mortgagee or charge‑holder, may purchase or otherwise acquire the rights in the property of the mortgagor or owner, as the case may be, without thereby causing the mortgage or charge to be merged as between himself and any subsequent mortgagee of, or person having charge upon, the same property; and no such subsequent mortgagee or charge‑holder shall be entitled to foreclose or sell such property without redeeming the prior mortgage or charge, or otherwise than subject thereto.

* Subs. Ibid., S. 51, for the original section.

102. Service or tender on or to agent . Where the person on or to whom any notice or tender is to be served or made under this Chapter does not reside in the district in which the mortgaged property of some part thereof is situate, service or tender on or to an agent holding a general power of attorney from such person or otherwise duly authorized to accept such service or tender shall be deemed sufficient.

*[Where no person or agent on whom such notice should be served can be found or is known] to the person required to serve the notice, the later person may apply to any Court in which a suit might be brought for redemption of the mortgaged property, and such Court shall direct in what manner such notice shall be served, and any notice served in compliance with such direction shall be deemed sufficient:

*. For rules made by different High Court, see different local Rules and Orders.

[Provided that, in the case of a notice required by section 83, in the case of a deposit, the application shall be made to the Court in which the deposit has been made].

**[Where no person or agent to whom such tender should be made can be found or is known] to the person desiring to make the tender, the later person may deposit ***[in any Court in which a suit might be brought for redemption of the mortgaged property] the amount sought to be tendered, and such deposit shall have the effect of a tender of such amount.

**Sub. ibid., for “where the person or agent on whom such notice should be served cannot be found in the said district, or in unknown”.

***Sub. ibid., for “in such court as last aforesaid “.

103. Notice, etc., to or by person incompetent to contract. Where under the provisions of this Chapter, a notice is to be served ‘[on or by], or a tender or deposit made or accepted or taken out of Court by, any person incompetent to contract, such notice may be served 4[on or by], or tender or deposit made, accepted , or taken by the legal court or of the property of such person; but where there is no such curator, and it is requisite or desirable in the interests of such person that a notice should be served or a tender or deposit made under the provisions of this Chapter, application may be made to any Court in which a suit might be brought for the redemption of the .mortgage to appoint a guardian ad litem for the purpose of serving or receiving service of such notice, or making or accepting such tender, or making or taking out of Court such deposit, and for the performance of all consequential acts which could or ought to be done by such person if he were competent to contracts; and the provisions of G[Order XXXII in the First Schedule to the Code of Civil Procedure 1908 (V of 1908)] shall, so far as may be, apply to such application and to the parties thereto and to the guardian appointed there under.

104. Power to make rules. The High Court may, from time to time, make rules’ consistent with this Act for carrying out, in itself and in the Courts of Civil Judicature subject to its superintendence, the provisions contained in this Chapter.

OF LEASES OF IMMOVABLE PROPERTY

105. Lease defined :--- A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered, periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.

Lessor, lessee, premium and rent defined :--- The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, service or other thing to be so rendered is called the rent.

106. Duration of certain leases in absence of written contract or local usage :--- In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable on the part of either lessor or lessee, by six months notice expiring with the end of a year of the tenancy; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days notice expiring with the end of a month of tenancy.

Every notice under this section must be in witting signed by or on behalf of the person giving it, and [either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his. residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property. *Sub. by the Transfer of Property (Amdt.) Adt, 1929 (20 of 1929), S. 54, for “tendered or delivered either personally to the party who is intended to be bound by it”.

{{As to limitation to the territorial operation of S. 107, see S. 1, supra Section 107 extends to every Cantonment in the Provinces, etc. see S. 287 of the Cantonments Act, 1924 (2 of 1924).}}

107. Leases how made :--- A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument.

[All other leases of immovable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession]. Subs. by the Transfer of Property (Amdt.) Act, 1904 (6 of 1904), S. 5, for the oriirina second paragraph.

Ins. by Act 20 of 1992, S. 55.

[Where a lease of immovable property is made by a registered instrument, such instrument or, where there are more instrument than one, each such instrument shall be executed by both the lessor and the lessee]:

8. Suf. by the Transfer of Property (Amdt.) Adt, 1929 (20 of 1929), S. 54, for “tendered or delivered either personally to the party who is intended to be bound by it”.

g. As to limitation to the territorial operation of S. 107, see S. 1, supra Section 107 extends to every Cantonment in the Provinces, etc. see S. 287 of the Cantonments

Act, 1924 (2 of 1924).

10. Subs. by the Transfer of Property (Amdt.) Act, 1904 (6 of 1904), S. 5, for the oriirina second paragraph.

11. Ins. by Act 20 of 1992, S. 55.

‘[Provided that the 13[Provincial Government may, *** from time to time, by notification in the [official Gazette], direct that leases of immovable property, other than leases from year to year, or for any term exceeding one year, or reserving a yearly rent, or any class of such leases, may be made by unregistered instrument or by oral agreement without delivery of possession.

*** The words “with the previous sanction of the G.G in C” rep., ibid.

108. Rights and liabilities of lessor and lessee. In the absence of a contract or local usage to the contrary, the lessor and the lessee immovable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next following, or such of them as are applicable to the property leased:‑‑

(A) Rights and Liabilities of the lessor

(a) the lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended. use of which the former is and the later is not aware, and which the later could not with ordinary care discover:

(b) the lessor is bound, on the lessee’s requires, to put him in possession of the property;

(c) the lessor shall be deemed to contract with the lessee that, if the later pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property during the time limited by the lease without interruption.

The benefit of such contract shall be annexed to and go with the lessee’s interest as such and may be enforced by every person in whom that interest is for a whole or any part thereof from time to time vested.

(d) if during the continuance of the lease any accession is made to the properly such accession (subject to the law relating to allusion for the time being in force) shall be deemed to be comprised in the lease;

(e) if by fire, tempest or flood. or violence of an army or of a mob or other irresistible force, any material part of the property he whnlll destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the lease shall, at the option of the lessee, be void.

Provided that, if the injury be occasioned by the wrongful act or default of the lessee, he shall not be entitled to avail himself of the benefit of this provision:

(f) if the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expenses of such repairs with interest from the rent or otherwise recovery it from the lessor (g) “

(g) if the lessor neglects to make any payment which he is bound to make, and which, if not made by him, is recoverable from the lesse or against the property, the lessee may make such payment himself and deduct it with interest from the rent„ or otherwise recover it from the lessor;

(h) the lessee may **[even after the determination of the lease] remove, at any time ‘8[whilst he is in possession of the property leased but. not afterwards] all things which he has attached to the earth: provided he leaves the property in the state in which he received it,

** Ins. by the Transfer of Property (Amdt) Act, 1929 (20 of 1029), S. 56. 18. Subs. ibid., for “during the continuance of the lease”.

(i) when a lease of uncertain duration determines by any means except the fault of the lessee, he or his legal representative is entitled to all the crops planted or sown by the lessee and growing upon the property when the lease determines, and to free ingress and egress to gather and carry them;

the lessee may transfer absolutely or by way of mortgage or sublease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease;

nothing in this clause shall be deemed to authorize a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee:

(k) the lessee is bound to disclose to the lessor any fact as to the nature or extent of the interest which the lessee is about to take of which the lessee is, and the lessor is not aware, and which materially increases the value of such interest;

(l) the lessee is bound to pay or render, at the proper time and place, the premium or rent to the lessor of his agent in this behalf;

(m) the lessee is bound to keep, and on the termination of the lease to restore, the property in as good condition as it was in at the time when he was put in possession subject only to the changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and his agents, at all reasonable times during the term, to enter upon the property and inspect the condition thereof and give or leave notice of any defect, in such condition, and when such defect has been caused by any act or default on the part of the lessee, his servants or agents, he is bound, to make it good within three months after such notice has been given or left;

(n) if the lessee becomes aware of any proceeding to recover the property or any part thereof, or of any encroachment made upon, or any interference with, the lessor’s rights concerning such property, he is bound to give, with reasonable diligence, notice thereof to the lessor;

(o) the lessee may use the property and its products (if any) as a person of ordinary prudence would use them if they were his own; but he must not use, or permit another to use, the property for a purpose other than that for which it was leased, or fell *[or sell] timber, pull down or damage buildings *[belonging to the lessor, or] work mines or quarries not open when the lease was granted, or commit any other act which is destructive or permanently injurious thereto;

* Ins. by the Transfer of Property (Amdt.) Act, 1929 (20 of 1929), S. 56.

(p) he must not, without the lessor’s consent, erect on the property any permanent structure, except for agricultural purposes; and

(q) on the determination of the lease, the lessee is bound to put the lessor into possession of the property.

109. Rights of lessor’s transferee :--- If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights, and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer, cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as the person liable to him:

Provided that the transferee is not entitled to arrears or rent clue before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be, liable to pay such rent over again to the transferee.

The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased.

110. Exclusion of day on which term commences :--- Where the time .limited by a lease of immovable property is expressed commencing from a particular day in computing that time such day shall be excluded. Where no day of commencement, is named, the time so limited begins from the making of the lease.

Duration of lease for year. Where the time so limited is a year or a number of years, in the absence of an express agreement to the contrary, the lease shall last during the whole anniversary of the day from which. such time commences.

Option to determine lease. Where the time so limited is expressed to be terminable before its expiration, and the lease omits to mention at whose option it is so terminable, the lessee; and not the lessor, shall have such option.

111. Determination of lease. A lease of immovable property determines:‑‑

(a) by efflux of the time limited thereby;

(b) where such time is limited conditionally on the happening of some event‑‑by the happening of such event;

(c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event‑‑by the happening of such event;

(d) in case the interests of the lessee and the lessor in the whole of the property become vested t the same time in one person in the same right;

(e) by express surrender; that is to say, in case the lessee yields up his interest under the lease, to the lessor by mutual agreement between them;

(f) by implied surrender;

(g) by forfeiture; that is to say, (1) in case the lessee breaks an express condition which provides that on breach thereof the lessor may reenter; {The words “or the lease shall become void” rep. by the Transfer of Property (AmdL) Act, 1929 (20 of 1929), S. 57. }, ; or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; ‘[or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re‑enter on the happening of such event]; and in z[any of these cases] the lessor or his transferee ‘[gives notice in writing to the lessee of] his intention to determine the lease; and

(h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duty given by one party to the other.

A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease, and such lease determines thereupon.

112. Waiver of forfeiture :--- A forfeiture under section 111, clause (g), is waived by acceptance of rent which has become due since the forfeiture, or by distress for such rent, or by any other act on the part of the lessor showing an intention to treat the lease as subsisting:

Provided that the lessor is aware that the forfeiture has been incurred:

Provided also that, where rends accepted after the institution of a suit to eject the lessee on the ground of forfeiture, such acceptance is not a waiver.

113. Waiver of notice to quit :--- A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting.

(a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders, and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived.

(b) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.

114. Relief against forfeiture for non‑payment of rent. Where a lease of immovable property has determined by forfeiture for non‑payment of rent, and the lessor sues to eject the lessee, if, at the hearing of the suit, the lessee pays or tenders the lessor the rent in arrear, together with interest there or his full costs of the suit, or gives such security as the Court thinks sufficient for making such payment within fifteen days, the Court may, in lieu of making a decree for ejectment pass an order relieving the lessee against the forfeiture, and thereupon the lessee shall hold the property leased as if the forfeiture had not occurred.

2. Subs. ibid., for “either case”.

3. Subs. ibid, for “does some Act showing’.

S. 114‑A ins. by the Transfer of Property (Amdt.) Act, 1929 (20 of 102J),S. o8.

[114‑A. Relief against forfeiture in certain other cases. Who‑re a.. lease of immovable property has determined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor may reenter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing:‑‑ .

(a) specifying the particular breach complained of; and

(b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy.

Nothing in this section shall apply to an express condition against the assigning, under letting, parting with the possession, or disposing, of the property leased, or to an express condition relating to forfeiture in case of non‑payment of rent.

115. Effect of surrender and forfeiture on under‑leases. The surrender, express or implied, f a lease of immovable property does not prejudice an under lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease; but unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under‑lessee shall be respectively payable to and enforceable by the lessor.

The forfeiture of such a lease annuls all such under‑leases except where such forfeiture has been procured by the lessor in fraud of the under‑lessees, relief against the forfeiture is granted under section i 14.

116. Effect of holding over a lessee, or under; lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts refit from the low;* x under‑lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 10G.

(a) A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A. C’s lease is renewed from month to month.

(b) A lets a farm‑ to B for the life of C. C dies, but B continue in possession with A’s assent. B’s lease is renewed from year to year.

117. Exemption of leases for agricultural purposes. None of the provisions of this Chapter apply to leases for agricultural purposes, except in so far as the 5[Provincial Government] s* * * may, by ‘notification published in the 8[official Gazette], declare all or any of such provisions to be so applicable 9[in the case of . all or any of such leases], together with or subject to, those of the local law, if any, for the time being in force.

Such notification shall not take effect until the expiry of six months from the date of its publication.

118. “Exchange” defined. When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an “exchange’“.

A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such property by sale.

OF EXCHANGES

t0[119. Right of party deprived of thing received in exchange. If any party. to an exchange or any person claiming through or under such party is by reason of any defect in the tile of the other party deprived of the thing or any part of the thing received by him in exchange, them, unless a contrary intention appears from the terms of the exchange. such other part is liable to him or any person claiming through or under him for loss caused thereby, or at the option of the person so deprived. for the return of the thing transferred, if still in the possession of such other party or his legal representative or a transferee from him without consideration.]

120. Rights and liabilities of parties. Save as otherwise provided in this Chapter, each party has the rights and is subject to the liabilities of a seller as to that which he gives, and has the rights and is subject to the liabilities of a buyer as to that which he takes.

121. Exchange of money. On an exchange of money, each party thereby warrants the genuineness of the money given by him.

CHAPTER VII

122. “Gift” defined. “Gift.” is the transfer of certain existing inovable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Acceptance when to be made. Such acceptance must be made’ during the lifetime of the donor and while he is still capable of giving.

If the donee dies before acceptance, the gift is void.

**123. Transfer how effected. For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

For the purpose of making a gift of movable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.

Such delivery may be made in the same way as goods sold may be delivered.

**As to limitation to the territorial operation of S. 123 see S. 1, supra. S. 113 extends to every cantonment in the Province, etc. see S. 287 of the Cantonments Act, I924 (2 of 1924).

124. Gift of existing and future property. A gift comprising both existing and future property is void as to the latter.

125. Gift to several of whom one does not accept. A gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had he accepted.

126. When gift may be suspended or revoked. The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be recoverable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.

A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, t might be rescinded.

Save as aforesaid a gift cannot be revoked.

Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.

(a) A gives a field to B, reserving to himself, with B’s assent, the right to take back the field incase B and his descendants dies before A. B dies without descendants in A’s lifetime. A may take back the field.

(b) A gives a lakh of rupees to B, reserving to himSelf with B’s assent, the right to take back at pleasure Rs. 10,000 out of the lakh. The gift .;holds good as to Rs. 90,000, but is void as to Rs. 10,000, which continue to belong to A.

127. Onerous gift. Where a gift is in the form of a single transfer to the same person of several things of which one is, and the other are not, burden by an obligation. the donee can take nothing by the gift unless he accepts it fully.

Where a gift, is in the form of two or more separate and independent transfers to the same person of several things, the donee is at liberty to accept one of them and refuse the others, although the former may be beneficial and the latter onerous.

Onerous gift to disqualified person. A donee not competent to contract and accepting property burdened by any obligation is not bound by his acceptance. But it, after becoming competent to contract and being aware of the obligation, he retains the property given, he becomes so bound.

(a) A has shares in, x, a prosperous joint stock company, and also shares in Y. A joint stock company in difficulties. heavy calls are expected in respect of the shares in Y. A gives B all his shares in joint stock companies. B refuse to accepted the shares in Y. He cannot take the shares in X.

(b) A having a lease for term of ‘ years of a house at a rent which lie and his representatives are bound to pay during the term , and which is more than the house can be let for gives to B the lease. and also, as a separate and independent transaction a sum of money. B refuses to accept the lease. He does not by this refusal forfeit the money.

128. Universal donee. Subject to the provisions of section 127, where a gift consists of the donor’s Whole property, the donee is personally liable for all the debts due by [and liabilities of] the donor at the time of the gift to the extant of the property comprised therein.

129. Saving of donations mortise casual and Muslim law. Nothing in his chapter relates to gifts of movable property made in contemplation of death, or shall be deemed to affect any rule of Muslim law.

CHAPTER VIII (subs. By the Transfer of Property Act,1900)

OF TRANSFERS OF ACTIONABLE CLAIMS

130. Transfer of actionable claim. The transfer of an actionable claim 1fi[whether with or without consideration] shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorized agent, {{ The words “and notwithstanding anything contained in S. 123” rep. ibid.

}} shall be complete and effectual upon the execution of such instrument, and thereupon all the lights and remedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provided be given or not:

Provided that every dealing with the debt or other actionable claim by the debtor or other person from or against whom the transferor would, but for such instrument of transfer as aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall (save where the debtor or other person is a party to the transfer or has received express notice thereof as hereinafter provided) be valid as against such transfer.

(2) The transferee of an actionable claim may, upon the execution of such instrument of transfer as aforesaid, sue or institute proceedings for the same in his own name without obtaining the transferor’s consent to such suit or proceedings and without making him a party thereto.

Exception.‑‑IV of 1938. Nothing in this section applies to the transfer of a marine or fire policy of insurance **[or affects the provisions of section 38 of the Insurance Act, 1938].

** Added by the Insurance Act, 1938 (4 of 1938), S. 121.

(i) A owes money to B, who transfers the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed in section 131, pays B. The payment is valid, and C cannot sue a for the debt.

(ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A’s executor, subject to the proviso is sub‑section (1) of section 130 and to the provisions of section 132.

*[130‑A. Transfer of policy of marine insurance. (1) A policy of marine insurance may be transferred by assignment unless it contains terms expressly prohibiting assignment, and may be assigned either before oh after loss.

* S. 130A ins. by the Transfer of Property (Amdt.) Act, 1944 (G of 1944), S. 2.

(2) A policy of marine insurance may be assigned by endorsement thereon or in any other customary manner.

(3) Where the issued person has parted with or lost his interest in the subject‑matter insured, and has not, before or at the time of so doing, expressly or impliedly agreed to assign the policy, and subsequent assignment of the policy is inoperative:

Provided that nothing in this sub‑section affects the assignment of the policy after loss.

(4) Nothing in clause (c) of section 6 shall affect the provisions of this section.]

131. Notice to be in writing, signed. Every notice of transfer of an actionable claim shall be in writing, signed by the transferor or his agent duly authorized in this behalf, or in case the transferor refuses to sign, by the transferee or his agent, and shall state the name, and address of the transferee.

132. Liability of transferee of actionable claim. The transferee of an actionable claim shall take it subject to all the liabilities and equities to which the transferor was subject in respect thereof at the date of the transfer.

(i) A transfers to C a debt due to him by B. A being then indebted to B. C sues for the debt by B to A in such suit B is entitled to set off the debt due by A to him; although C was unaware of if at tire date of such transfer.

(ii) A executed a bond in favour of B under circumstances entitling the former to have it delivered up and cancelled. B assigns the bond to C for value and without notice of such circumstances. C cannot enforce the bond against A.

133. Warranty of solvency of debtor. Where the transferor of a debt warrants the solvency of the debtor, the warranty, in the absence of a contract to the contrary, applies only to his solvency at the time of the transfer, and is limited, where the transfer is made for consideration, to the amount or value of such consideration.

134. Mortgaged debt. Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received by the transferor or recovered by the transferee is applicable, first, in payment of the cots of such recovery; secondly, in or towards satisfaction‑of the amount for the time being secured by the transfer; and the residue, if any, belongs to the transferor or other person entitled to receive the same.

Subs. by the Transfer of Property (Arndt.) Act, 1944 (6 of 1944), S. 3, for the original section 135.

135. Assignment of rights under policy of insurance:. assignee, by endorsement or other writing of the policy of insurance a fire, in whom the property in the subject insured shall be absolutely at the date of the assignment, shall have transferred and vested in 11 rights of suit as if the contract contained in the policy had been mad himself.

[135‑A. Assignment of rights under policy of m insurance. (1) Where a policy of marine insurance has been assigne to pass the beneficial interest therein, the assignee of the policy s enti sue thereon in his own name; and the defendant is entitled to inal defence arising out of contract which he would have been entitled to 11 the action had been brought in the name of the person by or on bel whom the policy was effected.

(2) Where the insurer pays for a total loss, either or the whole, or case of goods, of any apportionable part, of the subject matter incur thereupon becomes entitled to take over the interest of the insured per whatever may remain of the subject‑matter so paid for, and he is 1 subrogated to alt the rights and remedies of the insured person in respect of that subject‑matter as from the time of the casualty causii loss.

(3) Where the insurer pays for a partial loss, lie acquires no title subject‑matter insured, or such part of it as may remain, but lie is then subrogated to all rights and remedies of the insured person as front tli~ of the casualty causing the loss, in so far as the insured person, has indemnified by such payment for the loss.

(4) Nothing is clause (e) of section 6 shall affect the provisions c section.]

136. Incapacity of officers connected with Courts of Ju No Judge, legal practitioner or officer connected with any Court of J shall buy or traffic in, or stipulate for, or agree to receive any share interest in, any actionable claim, and no Court of Justice shall enforce, instance, or at the instance of any person claiming by or through iliu actionable claim, so dealt with by him as aforesaid.

137. Saving of negotiable instruments, etc. Nothing i foregoing sections of the Chapter applies to stocks, shares or debenture .11 to instruments which are for the time being by law or custom, negotiable to any mercantile document of title to goods.

Explanation. The expression “mercantile document of title of goods includes a bill of lading dock-warrant where house keeper’s certificate railway-receipt, warrant or order for the delivery of goods, and other Transfer of Property Act, 1882 1310 document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented.

…………………………………………………………………………………………………………………………………….

Years of Chapter Subject Extent of Repeal

……………………………………………………………………………………………………………………………………

(a) STATUTES

27 Hen. VIII, C. 10 Uses The whole

12 Eliz, C. 5 Fraudulent conveyances The whole

27 Eliz., C. 4 Fraudulent conveyances The whole

4 Wm. and Mary, C. 16 Clandestine mortgages The whole

(b) ACTS OF THE GOVERNOR‑GENERAL IN COUNCIL z*

XI of 1855 Mesne profits and Section 1; in the title,

improvements the words “to inesne

profits and,” and in

the preamble “to

limit the liability for

mesne profits and”.

XXVII of 1866 ‘* Trustee Act Section 31

IV of 1872 Punjab Laws Act I So far as it relates to

Bengal Regulations I

to 1798 and XVII of

I of 1877 Specific Relief In sections 35 and

36, the words “in

……………………………………………

Transfer of Property Act, 1882 (Punjab)

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Gift Law in Pakistan - Hiba Law in Pakistan - Gift Deed Law

In the name of ALLAH, the most beneficent, the most merciful

1. What is gift?

2. Does an Oral Gift Valid? or Only Written Gift Deed (Hiba Nama- ہبہ نامہ ) is valid?

3. What is Mutation of Oral Gift (ہبہ انتقال زبانی ) ?

4. How to write a Gift Deed?

5. Registration of Gift Deed?

6. Registration charges on gift deed?

7. Can a gift deed be challenged in court?

8. Cancellation of Gift Deed?

The definition of gift (also called Hiba) is provided in section 122 of “The Transfer of Property Act 1882”, which speaks as under:-

122. “ Gift” defined.– “Gift” is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee

Acceptance when to be made.– Such acceptance must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

Before explaining many other things in this section, I would like explain three terms (1) Donor (2) Donee (3) Gifted property. The Donor is a person, who gifts out his property. The donee is the person in whose favour property is gifted out (3) Gifted Property is the property, which the donor gifts-out to the donee.

Other six things which are mentioned in section 122 of transfer of Property Act (TPA), and require clarification are as under:- first thing, a gift is the transfer of property either movable or immovable by the donor to the donee, second thing, this transfer must be made voluntarily means without any pressure or coercion on the donor, third thing, the gift should be without consideration, fourth thing, the gift should be accepted by the donee himself/ herself or through his/her representative, fifth thing, the acceptance of gift by the donee must be made during the life time of donor and at that time the donor must also be capable of gifting out the property, sixth / last thing , if the donee dies before he accepts the gift, the gift is void. Means, the acceptance of gift by the donee is also mandatory during his life time and the gift will not be considered valid if only donor offers about gift and donee dies before acceptance.

2. Does an Oral Gift Valid? or Only Written Gift Deed (Hiba Nama- ہبہ نامہ ) is valid?

Though, a gift can be made orally but it is not the recommended way especially for immovable property because the Oral Gift cannot be proved easily in the court. An Oral Gift, without writing a Gift Deed, paying Stamp Duty and other taxes, is not itself a proof of ownership in the name of donee and in such case, the donee has to file a suit in the competent court of law and has to establish that the property was gifted to him by the donor, and after following other legal formalities, the donee can get title document (ownership document).

So, I recommend you to always write a Gift Deed, pay the Stamp Duty and other taxes and also get it registered with Sub Registrar concerned.

Because, in the process of gift, the ownership rights are intended to be transferred in the name of donee, therefore, its registration is mandatory under section 17 of THE REGISTRATION ACT 1908.

3. What is Mutation of Oral Gift (ہبہ انتقال زبانی ) ?

Mutation (Inteqal) of Oral Gift, also called (ہبہ انتقال زبانی ) is another way, by which the property in Rural Areas can be gifted out.

During the process of mutation of oral gift, neither any Gift Deed is drafted nor gets registered. In this case, the donor has to appear before the Patwari concerned and then Revenue Officer (Usually Tehsildar), and after recording of statements of the parties, the Mutation of Gift is entered and then sanctioned. This process also involves payment of different fees/ taxes.

Be Aware , Mutation of oral gift as stated above is not the recommended way for transferring the property because it does not create any title as held by the Supreme Courts of Pakistan in number of cases. The courts say that the mutation is not a document of title and meant for fiscal purpose only.

If at any stage, the Mutation of oral gift is challenged before the Civil Court , the Civil Court may cancel it easily, if the gift is not proved.

However , if the mutation is sanctioned on the basis of registered Gift Deed, then its ok but only Mutation of Gift without being followed by registered Gift Deed, is not the safe way to transfer the property.

On the other hand, a registered Gift Deed is a title document and even if it is challenged before Civil Court, it is not very much easy to get it cancelled because the court give more importance to a registered document as compare to only mutation.

4. How to write a Gift Deed?

Writing a Gift Deed is tricky but not difficult task. To avoid any future disputes, the Gift Deed should be drafted with great care and by taking all precautionary measures. Three ingredients of Gift should also be considered when writing a Gift Deed. These three ingredients are (1) Offer (2) Acceptance (3) Delivery of possession.

How to write a Gift Deed, you can download formats from the links given below:-

Click here to download Gift Deed in English

Click here to download Gift Deed (Hiba Nama) in Urdu

5. Registration of Gift Deed?

As stated above, the registration of Gift Deed is mandatory under section 17 of THE REGISTRATION ACT 1908.

The registration of Gift Deed, involves various steps for example, like Arranging various documents like Record of rights (FARD) and Mutation (if applicable) from Patwari or Arazi Record Centre (Land Record Centre), previous Registry, CNICs of donor and donee etc, CNICs of witnesses, P urchasing Stamp Papers from Bank of Punjab by filing out E-Challan online , D rafting Gift Deed, Paying various taxes like Stamp Duty, Registration Fee, Transfer of Immovable Property Tax (TIP) etc, Making statements before the Sub Registrar concerned

6. Registration charges on gift deed?

The expenses on registration of Gift Deed are not fixed and may vary depends on number of things for example, where property is situated either in Rural Area or Urban Area, within limits of Metropolitan Corporation or Cantonment area?, What is DC (Deputy Commissioner) rate of that property? In whose favour (legal heir or not) property is gifted out.

In Punjab , the Stamp Duty may be 1% or 3% percent of total DC value of the property.

As far as Registration Fee is concerned, same is fixed and is to be paid along with Stamp Duty, when filling E-Challan online for obtaining Stamp Papers.

In Punjab, the registration fee of Gift Deed is only Rs. 500/- if the value/ price / DC Rate of the property does not exceeds Rs. 5,00,000/-. On the other hand, if the DC rate of the property exceeds 5,00,000/-, then Rs. 1000/- is required to be paid as registration fee for Gift Deed.

7. Can a gift deed be challenged in court?

The validity of any Gift, made either through mutation of gift (oral) or through registered Gift Deed can be called in question in court but the thing which is to be proved by the challenging person is that the gift was not made by the donor voluntarily or there was some pressure on the donor, and some fraud or misrepresentation was done.

8. Cancellation of Gift Deed?

The Question is to whether (1) Cancellation of Mutation of Gift or (2) cancellation of registered Gift Deed , because these two things are different from each other, the detail of which has already been described earlier.

If a registered Gift Deed is required to be cancelled, only Civil Court can be approached by way of filing a suit for declaration, cancellation and seeking other relief.

If a mutation of Gift is required to be cancelled, that too containing long standing entries or mutation of gift is alleged to have been sanctioned by committing fraud or misrepresentation, in this case too, only Civil Court has the jurisdiction to cancel the mutation of gift.

Many applications regarding Cancellation of mutation of gift, wherein it is alleged that the mutation is outcome of fraud, are filed before Revenue Officers but these applications are some time rejected by the Revenue Officers themselves and sometime their decisions about cancellation of mutations are set aside by the Civil Courts or High Courts, because the Revenue Officer has no authority/ jurisdiction to cancel any mutation entered and sanctioned on the basis of fraud . The power of cancellation of mutation of gift, sanctioned on the basis of fraud lies with only Civil Court

However, if there are some apparent clerical mistakes in the entries of Revenue Record and there is no element of fraud in it, such entries can be rectified by Revenue Officer. So, the correction of clerical mistakes is something different from cancellation of gift mutation, which is outcome of fraud.

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Transfer of Property Act

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Author: Shaukat Mahmood and Nadeem Shaukat Publisher: Legal Research Centre Year of Publication: 2022 Country of Publication: Pakistan Edition: 8th Edition

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Transferring and Selling Property in Pakistan

A Guide on Selling and Transferring Property in Pakistan

Home » Real Estate Trends » A Guide on Selling and Transferring Property in Pakistan

If you are a real estate market entrant, you may be wondering how to go about selling property in Pakistan. The task, as has long been the complaint of many a property affiliate in the country, can seem like a difficult one.

Now the good news is that you no longer need to worry about this problem. This blog, which will likely have you coming back for quick check-ups every now and then, details everything you need to know about the property transfer procedure in Pakistan.

However, before we discuss the details about transferring and selling property in Pakistan, take a moment to read through our real estate glossary to understand what certain terms such as ‘fard’ and ‘bayana’ mean.

Now, let’s start off with what exactly constitutes a transfer of property – as it is understood in the country.

What Does The Transfer Of Property Mean?

how to transfer property ownership in Pakistan

Legally speaking, someone owns a property when they possess a ‘title’ for it. In Pakistan, a transfer of property basically comprises the transfer of the title of a landholding from one person to another.

This transfer can take place in a number of ways and doesn’t merely imply a sale. It can also include the concerns of mortgage, gift deed , lease, and exchange. Additionally, there can be different kinds of properties involved in the process.

Real estate, for the most part, deals with immovable properties. Though ‘plot files,’ as they work in the system, could be considered a kind of movable property.

What Is Immovable Property?

An immovable property, in legal parlance, is a type of property that cannot be moved without altering its nature. It is fixed to the earth. This category can include plots, houses, apartments, shops, and all types of built buildings or structures.

Houses, plots, apartments, all count as immovable properties.

Who Can Transfer Property In Pakistan?

Only someone who is able to sign a contract can, legally, transfer property ownership in Pakistan. Under Contract Act 1872, a contract is ‘a binding agreement between two parties’.

The following cannot be a party to a contract:

A Minor. In Pakistan, currently, this is anyone under the age of 18.
Someone who is unable to understand the consequences of his actions. This may be due to a permanent or temporary mental disability, or other similar reasons.
Someone legally barred from signing a contract.

Therefore, it follows that only someone above the age of 18, who is mentally sound and not legally barred from signing a contract, can transfer property in Pakistan.

Maturity and lucidity are requisites of a contract.

The Procedure For Transferring And Selling Property In Pakistan

Token and bayana.

This is usually the first step involved in the process of transfer of property in Pakistan. The potential buyer pays a ‘token’ amount to a seller in order to indicate a willingness to purchase. This is followed by detailed discussion, negotiation, and a series of practical steps for buying a property.

As a result, the seller temporarily stops negotiating the sale of the same property with other potential buyers. If the sale falls through, the token gets returned with appropriate deductions.

The token is usually followed up with a bayana. This instrument serves the same purpose as the token. However, unlike the latter, it makes things slightly more official, as it usually comes coupled with a written agreement.

Below, we’ve listed the details of the property sale agreement form in Pakistan. It is attached with the bayana and includes:

The complete details of the property
The terms of sale of the property
The total amount of money (in consideration of which the seller agrees to transfer)
The date on which the buyer is bound to pay the remaining sum (after bayana and token)

Required documents for transferring or selling property in Pakistan

To transfer and sell property in Pakistan, you will first need to get all your documents in order.

Here is a checklist of property documents in Pakistan that are needed for the process of sale and transfer :

Recent photos of the two parties involved (buyer and seller)
Copies of their National Identity Cards (NIC)
The original title deed of the seller. The title deed is the document that proves the ownership of the seller.
The ‘Sale deed’. This is the agreement (contract) signed between the buyer and the seller, largely considered the most important property document in Pakistan.

The transfer process may require some other documents as well, depending on the concerned property’s location:

The Fard-e-Malkiat (Record of Rights), also simply known as the ‘fard’. The seller can obtain this form from the property registration office. It is a guarantee (from the said authority) that the property belongs to the seller.
A Non-demand Certificate (NDC). This document shows that you don’t owe any dues on the property. Depending on the property’s location, you can get it from your local development authority office.
In case you’re interested in a property located within a private housing society, you normally also require a letter from the society to affect transfers. This basically acts as a replacement for a fard document. You need it before you can execute the sale deed.

Societies generally make the transfer process a lot easier for sellers and buyers. Normally, they have a detailed system in place to facilitate this end.

For instance, if you are planning to invest in DHA, Islamabad here is the complete transfer procedure for properties in the popular housing scheme. Similarly, you can also read through the property transfer procedure in Bahria Town if you are interested in buying a property in Bahria Town Islamabad, Bahria Town Karachi or Bahria Town Lahore , among others.

Acquisition of stamp paper and payment of taxes

Finally, you need a stamp paper to draft the sales deed: the contract for sale. The value of the stamp paper required will differ depending on the value of the property it concerns. To follow through with this step, you (as a buyer) will also need to pay all due taxes.

Take note of the following tax breakdown:

3% Stamp Duty
2% Capital Value Tax
1% District Council Fee
Fixed registration: usually PKR 500

You should also check out our comprehensive guide on property taxes in Pakistan for further clarification on the topic.

Writing the sale deed

It is generally recommended to hire a deed writer or a lawyer to draft the sale deed of the property in Pakistan. They have experience and they know the things that need to be included in any deed. This can generally help avoid any future complications between the parties.

However, it is not compulsory. You can as easily pen down the deed yourself as well. Property sale agreement formats in Pakistan are conveniently available online. You can find them on the Punjab Land Record Authority’s Registration of Deeds portal.

Execution of Sale deed

Lastly, you need to take the sales deed-inscribed stamp paper, along with all the requisite documents noted above, to the sub-registrar’s office. Here, a magistrate/sub-registrar hears both the parties involved in the trade-off. Once satisfied with the proceedings, the said official approves the transaction and registers the deed.

The property is now the legal possession of the recipient.

The transfer is completed when the sale deed is registered with sub-registrar.

Some helpful Tips

The guide laid out above takes you through the basic process of transferring and selling property in Pakistan through a sales arrangement. A newbie looking to buy or sell property in Pakistan, however, may have some other questions weighing him down:

How do you go about finding the property prices in Pakistan?
What is the general property dealer commission in Pakistan?
How do you identify the right property option for investment?
How do you determine the right price for selling property in Pakistan?
Is there a set range for reasonable property prices in Pakistan?
What precautions should one take when buying a property?

Here are the answers to some of your concerns:

PROPERTY PRICES IN PAKISTAN

If you want to know the property rates in your area, please consult the property listings page on Zameen.com – the top real estate enterprise in Pakistan .

This resource will allow you to compare property prices in Pakistan, in your city, and even in your neighbourhood.

PROPERTY DEALER COMMISSION IN PAKISTAN

There are no specific laws that govern the work of real estate dealers and agents in the country. As a result, property dealer commissions in Pakistan are really a matter of custom and are highly variable.

The usual practice for real estate agents is to demand 1% of the value of the property – each from the buyer and the seller – as commission. If both the buyer and seller have different agents, each agent will keep the commission from his own client.

Sometimes, agents’ fees may go as high as 2% of the value of the property. Or they may be happy with a much lower (fixed) amount, regardless of the property price.

FINDING THE RIGHT PROPERTY

If you are looking to buy property in Pakistan, know that your research may make all the difference. It can help you find the right kind of property at the right location and with the amenities you need. The listings page is a good place to start off on this venture.

Check out the property listings for different areas, projects or housing schemes and compare the prices given. Read the descriptions and go through any photos and videos provided. You can also call or email the agents/owners who listed their properties to discuss your options.

Once you have narrowed down a few good choices, it is highly recommended that you go and visit their sites in person. This step will help you determine how good the location is and discover all the amenities nearby. Also, consider meeting up with the agents, society representatives, owner and/or neighbours there while you’re at it.

Finally, confirm that there are no issues with the property in question.

You can also check out our property investment advice for young investors for a better understanding of the real estate market. Furthermore, here’s a guide on how to find the right real estate agent for your property . As for the precautions one should take when investing in the property market, take a look at our list of questions to ask when buying property in Pakistan , as it will definitely help you out.

Do you have any other questions about transferring or selling property in Pakistan? If so, you can share them with us by sending an email to [email protected] . Alternatively, you can also head on over to the Zameen Forum for a detailed conversation on the topic.

To learn more about selling and transferring property in Pakistan, stay connected to Zameen Blog – the best real estate blog in the country . Also, don’t forget to like our Facebook page for the latest updates on the property sector.

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Transfer Of Property Act Sec 1 to 6 Urdu|Hindhi
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PDF The Transfer of Property Act, 1882 Contents
THE TRANSFER OF PROPERTY ACT, 1882 CONTENTS SE C T I O N S: CHAPTER I PRELIMINARY 1. Shor t t it le . C om m e nc e m e nt . E xt e nt . 2. R e pe a l of Ac t s. Sa ving of c e r t a in e na c t m e nt s, inc ide nt s, r ight s, lia bilit ie s, e t c . 3. I nt e r pr e t a t ion c la use . 4.
PDF THE TRANSFER OF PROPERTY ACT, 1882
1. Short title, Commencement, Extent. This Act may be called the Transfer of Property Act, 1882. It shall come into force on the first day of July. 1882. This Act or any Part thereof may by notification in the official Gazette be extended to the whole or any part of [a Province] by the Provincial Government].
Transfer of Property Act 1882 Lecture#1 in Urdu-by Brilliant Law
hi. in this video, we have discussed some basic definitions of transfer of property act.like this video and subscribe to our channel and share it with all yo...
Property Rights In Pakistan: Laws, Regulations, Transfers & Enforcement
(ii) Transfer of Property Act, 1882[7] - The general law describing and regulating matters of property transfer (lease, sale, mortgage, etc.) is the Transfer of Property Act, 1882. (iii) Registration Act, 1908[8] - The general law that regulates the registration of documents is the Registration Act, 1908. This law is applicable in our ...
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Transfer of Property Act, 1882
Transfer of Property Act, 1882. Sec.3, explanation 1. - Presumption of notice of registered instrument - party having interest in property would be deemed to have notice from the date of registration of such deed. Sc.12, 27 (b), 42, 54 of Specific Relief Act. - Equitable doctrine of proviso to S. 41 which protected a subsequent transferee, it ...
Transfer of Property Act, 1882
Khalid Zafar & Associates / Laws Of Pakistan / Transfer of Property Act, 1882. The Transfer of Property Act 1882 regulates the transfer of property in Pakistan. The Act was passed by British India and it contains specific provisions regarding what constitutes a transfer and the conditions attached to it. Read Pdf Version.
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Mortgage usufructuary Transfer of Property Act 1882 Pakistan | Translation in Urdu LLb notes pdf | Bhutta AcademeSection - A Advocate Mk BhuttaTransfer of P...
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Legal Protections Under Section 41: The case highlighted the importance of Section 41 of the Transfer of Property Act, 1882, which provides protection to bona fide purchasers for value without notice of any defect in the title of the transferor. To avail of this protection, four conditions must be met, including acting in good faith and taking ...
The Transfer of Property Act, 1882
The Transfer of Property Act, 1882 in Pakistan is a crucial piece of legislation governing the transfer of immovable property. The Act outlines the conditions, restrictions, and legal requirements for transferring property, as well as the rights and obligations of parties involved. It provides a legal framework for various property transactions ...
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The following laws govern the transfer of property in Pakistan: Transfer of Property Act, 1882: The act was enacted in July 1882. It outlines laws that govern the regulation and transfer of an interest in a property (sale, lease, mortgage, etc). Land Revenue Act, 1967: This is a provincial law and has been adopted by all provinces with minor ...
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The Transfer of Property Act 1882 states Sale as the transfer of ownership of a property in exchange for a price paid or promised to be paid. If the tangible immovable property has a value less than Rs. 100, the transfer is done by delivering the possession of the property. In case the property has a higher value, registration of the property ...
Transfer of Property Act, 1882 (IV of 1882)
LRI dated 23rd August, 1979 (Pb.Gaz.Ext. 10-09-1979). In exercise of the powers conferred by section 1 of the Transfer of Property Act, 1882 (Act IV of 1882) the Governor of the Punjab is pleased to cancel former Government of Bahawalpur State's Notification No.20, dated the 28th May, 1931, with immediate effect.
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Furthermore, the Transfer of Property Act, 1882 supplements the aforementioned law particularly with reference to defining 'property', 'transfer' and relevant limits and conditions. Step 1 - Any sane person or a minor (through their legal guardian) can report to the Patwari their intention to transfer their property rights.
Gift Law in Pakistan
The definition of gift (also called Hiba) is provided in section 122 of "The Transfer of Property Act 1882", which speaks as under:- ... Agreement to Sell of Property format in Urdu - اقرار نامہ بیع جائیداد . August 09, 2021. Sale Agreement of vehicle in urdu - car sale agreement format pakistan.
A Guide on Selling and Transferring Property in Pakistan
This is the agreement (contract) signed between the buyer and the seller - largely considered the most important property document in Pakistan. The transfer process may require some other documents, depending on the concerned property's location: The Fard-e-Malkiat (Record of Rights), also simply known as the 'fard'.
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PDF The Benami Transactions (Prohibition) Act, 2017
right to recover or transfer property held Benami and provide mechanism and procedure for confiscation of property held Benami and for matters connected therewi th or incidental thereto; It is hereby enacted as follows:⸺ CHAPTER I PRELIMINARY 1. Short title, extent and commencement.⸺(1) This Act may be called the Benami
CHAPTER 1 SECTION 1 TO 4 TRANSFER OF PROPERTY ACT 1882
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section 41 of the Transfer of Property Act, 1882 ('the Act') and under section 27(b) of the Specific Relief Act, 1877 ('the Specific Relief Act'). 2. The suit was dismissed on 18 December 2000 and against the decision Allah Ditta filed an appeal before the learned Additional
PDF THE TRANSFER OF PROPERTY ACT, 1882 ARRANGEMENT OF SECTIONS
relating to the transfer of property by act of parties; It is hereby enacted as follows:— CHAPTER I PRELIMINARY 1. Short title.—This Act may be called the Transfer of Property Act, 1882. Commencement.—It shall come into force on the first day of July, 1882. Extent.—1 [It extends 2 in the first instance to the whole of India.
A Guide on Selling and Transferring Property in Pakistan
An individual needs to be at least 18 years old to be able to transfer property in Pakistan. Only someone who is able to sign a contract can, legally, transfer property ownership in Pakistan. Under Contract Act 1872, a contract is 'a binding agreement between two parties'. The following cannot be a party to a contract: