Baskaran Kanakasabai
03 June 2010 at 19:59
According to Transfer of Properties Act,1882:
"a person is said to have notice" of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it.
Explanation I: 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 Indian Registration Act, 1908 (16 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 Indian Registration Act, 1908 (16 of 1908), and the rules made thereunder,
(2) the instrument of 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 the instrument relates have been correctly entered in the indexes kept under section 55 of that Act.
Does it mean that the buyer of a land shall be said to have notice of any instrument (pertaining to any transaction relating to immovable property) provided it is registered duly in the registers of the ROD?
If that is so, notification under 4(1) is never registered in India, then how the buyer of a notified land shall be said to have notice of such notification?
Therefore will it be reasonable to conclude that a buyer of a notified land can be said to have had notice of a notification under 4(1) only if such notification is registered before he buys it.
A very meaningful logical extension of what is said in our Transfer of Properties Act,1882 is laid down in the definition provided in sec 16. of the Hong Kong Land Title Ordinance which is as follows :
"Sec.16
Entry in Title register constitutes notice to all persons.
All persons are deemed to have notice of every entry in the Title Register."
If the logic applies to Hong Kong which has an area of over 1000 sq.km., and a population of over 70 lakhs, will it not apply (more so) for India which is 3000 times larger than Hong Kong in area and 150 times larger in terms of population.
Baskaran Kanakasabai
03 June 2010 at 12:23
If any expert has handled a case under LA Act,1894 in which the buyer has purchased land after 4(1) notification, kindly let me know.
Anonymous
02 June 2010 at 13:13
Hello
I work as an Compliance officer for a pharma company and i am looking for paralegal certification courses in mumbai. Can you guide me which institute conducts such course and which institution is reputed?
N.GIRIPRASAD
02 June 2010 at 13:03
If independent house is to be built on a plot of land, the work or the contract would be given to the builder.Many times the builder demands money but does not adhere to the schedule in work completion & does not do the work we want. What is the care to be taken in such cases while entering into an agreement with the builder in such cases. Is there a standard agreement to be entered in such cases to avoid the above mentioned problems or other problems apart. Kindly clarify
ankit gupta
02 June 2010 at 12:17
hi everyone,
can some body give me a sample dessertation for reference purpose.also tell from where can we find good legal quotes,or line which can make my dessertation powerful.
thanks
regards
ankit gupta
Manish.Mehta
02 June 2010 at 11:51
Please advice me on :law for Transfer of currently existing money lending license from one member to another member in the family ( before death ) and law for change of status of license from sole proprietor to partnership firm
sweta
02 June 2010 at 10:18
Dear Members,
Kindly clarify whether while conversion of Private Company into LLP is it necessary to have minimum contribution of the LLP equal to Paid - up Capital of the Private Company.
Your early reply is highly appreciated.
Warm Regards,
Sweta
lokesh jain
01 June 2010 at 12:18
i have given CA-PCC exams in november09 & may10.i was failed in november09 due to institute's mistake.there was one subject cost fm ,in tht subject i got 55 marks & if i got 60 marks then exemption is given to me.
Mistake by ICAI is misprint in question paper oues no. 7 (b) of 8 marks in hindi version due to which i was unable to attempt that question and no action is taken by ICAI against this matter.(nov. 09)
In may 2010 exam same type of mistake is occur in same paper but this time reexam is taken by institute.
first was held on 10-5-2010 this was gone very good and i hoping for 70 marks but i listen on 14-5-2010 that icai going to take reexam on 22-5-2010. and this time my paper was not good ... now i want one thing from a} or b}
a} Examption in subject in nov. 09
b) In may 2010 the first exam held on 10-05-2010 is taken for marking.
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How to Purcahse Agricultural Land in Tamil Nadu
Hi,
1. If a non-farmer buy a land in Tamil Nadu, how he can buy.
2. If he purchases an agricultural land in Tamil Nadu, is it possible to purchase an agricultural land in other states of india as a farmer.
3. Is there any time duration to a person to become a farmer after purchasing agricultural land in Tamil Nadu.