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Section 102 - Service or tender on or to agent : Transfer of Property Act, 1882

 

 

What is Service or tender on or to agent? Section 102 of Transfer of Property Act, 1882

Section 102 of Transfer of Property Act 1882 : "Service or tender on or to agent"

102. 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 or 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 authorised 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 latter 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:

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 latter 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.

 
 

TRANSFER OF PROPERTY ACT 1882

Marshalling and Contribution

Section 81 - Marshalling securities

Section 82 - Contribution to mortgage-debt

Deposit in Court

Section 83 - Power to deposit in Court money due on mortgage

Section 84 - Cessation of interest

Suits for foreclosure, sale or redemption

Section 85 - Parties to suits for foreclosure, sale and redemption

 

 

Section 86 to 90 Foreclosure and sale

Redemption

Section 91 - Persons who may sue for redemption

Section 92 - Subrogation

Section 93 - Subrogation

Section 94 - Rights of mesne mortgagee

Section 95 - Right of redeeming co-mortgagor to expenses

 

 

Section 96 - Mortgage by deposit of title-deeds

Section 97 - Application of proceeds (Repealed)

Anomalous mortgages

Section 98 - Rights and liabilities of parties to anomalous mortgages

Section 99 - Attachment of mortgaged property (Repealed)

Charges

Section 100 - Charges

 

 

Section 101 - No merger in case of subsequent encumbrance

Notice and tender

Section 102 - Service or tender on or to agent

Section 103 - Notice, etc., to or by person incompetent to contract

Section 104 - Power to make rules

Section 105 - Lease defined

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