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Section 103 - Notice, etc., to or by person incompetent to contract : Transfer of Property Act, 1882

 

 

How to send Notice, etc., to or by person incompetent to contract? Section 103 of Transfer of Property Act, 1882

Section 103 of Transfer of Property Act 1882 : "Notice, etc., to or by person incompetent to contract"

103. 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 on or by, or tender or deposit made, accepted or taken, by the legal curator 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 deposits 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 contract; and the provisions of Order XXXII in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), shall, so far as may be, apply to such application and to the parties thereto and to the guardian appointed thereunder.

 
 

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Section 97 - Application of proceeds (Repealed)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Section 99 - Attachment of mortgaged property (Repealed)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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