jdk (Student) 07 May 2014

Topa in gujarat and maharastra wrt lease

Is Transfer of Property Act applicable in Gujarat and Maharastra? If not what governs lease agreements in these states?

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5 Replies

Advocate Ravinder (Advocate/Attorney) 08 May 2014

T.P.Act applies not only in Gujarat but also all over india. Lease deed is also referred in T.P.Act.

jdk (Student) 09 May 2014

Mr. Ravinder sir,

TOPA is not applicable in Bombay and in Part B states ( one including Saurastra). Hence, it is no longer applicable in Gujarat as parts of it fell in Bombay and the remainder in Saurastra...

Has there been any amendment to extend the scope to these regions is my question? If it is not applicable, then what law governs lease etc... in this particu;lar state

T. Kalaiselvan, Advocate (Advocate) 09 May 2014

What is your query, come out with the proper details for a proper opinion.

Advocate Ravinder (Advocate/Attorney) 09 May 2014

T.P. Act is central Act. I have with me the book of Transfer of Property Act (Edition 2001). It is old, now the law might have been changed.As per the contents of my book the following is the position.

Extent:-- It extends in the first instance to the whole of India except the territories which, immediately before the first Noember, 1956, were comprised in part B state or in the states of Bomaby, Punjab and Delhi.

The state government may from time to time by notification in the Official Gazette exempt any part of the territories of the state.

Applicability:--By virtue of Bombay rules and orders, the Act was extended to all the territories except schedule district under the administration of Government of Bombay. Act was extended to Hyderabad State from 17.7.1952, Likewise the same was extended to Tripura and Vindya Pradesh from 16-4-1950, Travancore, Cochin from 1-5-1952, Sourastra from 1-8-1951, Rajasthan from 1-7-1952, Manipur from 1-1-1957, Karnataka from 1-10-1951.

By seeing the above it is not applicable to Gujarat and Bombay. As my book is of old edition, please find out the correct position in the latest edition of T.P.Act.

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jdk (Student) 10 May 2014

Thank you Mr. Ravider sir,

Kalaiselvan sir,

My query is an academic question...
I want to know what provisions of law govern when I intend to enter into a lease agreement for property located in Gujarat.

Has the TOPA been extended to Gujarat through a notification?
Maybe lawyers and other legal luminaries from Gujarat can throw some light on what the legal position is?

I am sorry, this question has been bothering me and I need to know this urgently

Thank you everyone