AI Overview...
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Section 109 of the Transfer of Property Act (TPA) - Rights of Transferee:
This section primarily deals with the rights of a transferee of a leasehold interest. It states that when a lessor transfers the leased property or any part thereof, the transferee acquires the rights that the lessor had in the lease, including leasehold rights created on the property sold. The section emphasizes that the transferee steps into the shoes of the lessor concerning the lease rights, subject to existing conditions.
Vasantkumar Radhakisan Vora VS Board Of Trustees Of The Port Of Bombay - Supreme Court, Majati Subbarao VS P. V. K. Krishna Rao - Supreme Court, SMT. VINUTHA W/O. MADHUKAR HALDIPUR vs N.V. VIKRAM S/O. N.V. ANANTHARAMAN - Karnataka -
Transfer of Property Act, 1882 – Section 109 - Nature and Scope:
The section confers rights upon the transferee of leasehold rights, especially in cases of transfer of ownership. It clarifies that the transferee gains certain rights over the leasehold interest, including profits and benefits derived from the property, as per the transfer. This section is significant in understanding how lease rights are transferred along with ownership.
Namdeo Lokman Lodhi VS Narmadabai - Supreme Court, arpatchand A. Bhandari VS Shantilal Moolshankar Jani - Supreme Court -
Legal Applications and Case Insights:
Courts have referenced Section 109 in contexts such as disputes over leasehold rights, transfer of properties, and mortgage rights. For example, when a lessor creates an usufructuary mortgage, the transfer of rights under Section 109 is relevant to the rights transferred along with the mortgage. Additionally, the section is invoked in cases involving inheritance, sale, or transfer of leased properties, emphasizing the transfer of leasehold rights to successors or transferees.
Amiya Banerjee VS Sati Rani Nath (Dead) - Supreme Court, Nagalakshmi (died) VS Sivaprakasam, Rep. by his Power Agent and his wife Senthamil Selvi - Madras
Analysis and Conclusion:
Section 109 of the Transfer of Property Act delineates the rights of a transferee of leasehold interests, ensuring that lease rights transfer along with ownership or other rights in the property. It plays a crucial role in legal disputes involving transfer, inheritance, mortgage, and leasehold rights, providing a legal framework for understanding how lease interests are transferred and protected. The section's application is broad, covering various scenarios of property transfer and leasehold rights.
References:
- Vasantkumar Radhakisan Vora VS Board Of Trustees Of The Port Of Bombay - Supreme Court
- Majati Subbarao VS P. V. K. Krishna Rao - Supreme Court
- SMT. VINUTHA W/O. MADHUKAR HALDIPUR vs N.V. VIKRAM S/O. N.V. ANANTHARAMAN - Karnataka
- Namdeo Lokman Lodhi VS Narmadabai - Supreme Court
- arpatchand A. Bhandari VS Shantilal Moolshankar Jani - Supreme Court
- Amiya Banerjee VS Sati Rani Nath (Dead) - Supreme Court
- Nagalakshmi (died) VS Sivaprakasam, Rep. by his Power Agent and his wife Senthamil Selvi - Madras
Search Results for "Find Citations on Section 109 of Transfer of Property Act"
1953 0 Supreme(SC) 24 • India - Supreme Court
M.C.MAHAJAN, S.R.DASS
106 of the Act does not apply to leases for agricultural purpose by virtue of Section 117, nevertheless the rules is Section 106 ... 106 of the Act does not apply to leases for agricultural purpose by virtue of Section 117, nevertheless the rules in Section 106 ... Those leases are still governed by the unamended sub–section (g) of this section. ... #H....
1995 0 Supreme(SC) 1472 • India - Supreme Court
S.MOHAN, S.B.MAJMUDAR
"In terms of Section 109 of the T.P. ... (a), (b) and (c) of sub-section (1) of Section 11 - Appeal is dismissed ... Bengal Premises Tenancy Act, 1956 - Section 13 – Appeal against conviction – Tenant – Claim of compensation ... "In terms of Section 109 of the T.P. ... Pending suit she sold the property in favour of the second plaint....
1990 0 Supreme(SC) 438 • India - Supreme Court
K.RAMASWAMY, K.N.SAIKIA
Section 109 is Rights of lessors transferee :- ... "If the lessor transfers the property leased, or any part thereof ... The lessors right on transfer of the immoveable property including the leasehold rights created on the property sold, the transferee ... Under Section 26 thereof, the Board have power to acquire and hold, moveable and immoveable #HL_....
1989 0 Supreme(SC) 465 • India - Supreme Court
KULDIP SINGH, M.H.KANIA
Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 – Section 10,10(2),12 and 13 - Rajasthan Premises (Control of Rent and Eviction) Act, 1950 – Section 13(1)(f) - Transfer of Property Act – 111(g) - suit for ejectment – Suit for eviction – Property – Premises - Appellant is ... The landlord can recover possession of the property only on one or more of....
2025 Supreme(Online)(Kar) 25137 • India - Karnataka High Court
G BASAVARAJA, J
Transfer of Property Act , 1882 – sec, 109 – Right of Transferee under – Held- In view of transfer of ownership, the
1964 0 Supreme(SC) 326 • India - Supreme Court
N.RAJAGOPALA AYYANGAR, RAGHUBAR DAYAL, K.SUBBA RAO
. * There had been transfers effected at the property and the same had been the subject of inheritance. * There had been a document ... Whether the appellant was a permanent lessee with heritable and transferable rights in the suit property? 2. ... The dispute related to the nature of his title to the interest in his property, which was admittedly nazul land, and whether he had ... Section 111(g) embodies....
1992 0 Supreme(Kar) 313 • India - Karnataka
Gift - Property Rights - Karnataka Co-operative Societies Act, 1959, Section 33 Fact of the Case: Defendants 2 to ... Plaintiff argued the gift was void under Section 33 of the Karnataka Co-operative Societies Act, 1959, as the property was charged ... Issues: Validity of the gift of charged property under Section 33 of the Karnataka Co-operative Soc....
• India - Current Civil Cases
S.M.SUBRAMANIAM
Hindu Religious and Charitable Endowments Act – Sections 23, 45(1), 46 and 109 – Property of temple – Revenue ... the property from the defendants has not been extinguished – Law permits for transfer of revenue records to the lawful owner and ... , Mosque property and Church property – Held that, appellants/defendants are directed to quit and deliver t....
1993 0 Supreme(SC) 248 • India - Supreme Court
N.M.KASLIWAL, N.VENKATACHALA
When a lessor of a leased property creates an usufructuary mortgage in respect of such property what he transfers under S. 109 of ... Property Act, as required by the said sub-section. ... and profits accruing from such property.
2020 0 Supreme(Mad) 1840 • India - Madras
G.JAYACHANDRAN
Cultivating Tenants Protection Act - Property Dispute - Tamil Nadu Cultivating Tenants Protection Act, 1955 - Section 3 - Summary ... of the suit property. ... 3 of the Tamil Nadu Cultivating Tenants Protection Act, Section 106 of the Transfer of Property Act, and the Limitation Act. ... Citations: Plaintiff has bur....
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