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Section 106 - Duration of certain leases in absence of written contract or local usage : Transfer of Property Act, 1882

 

 

What is Duration of certain leases in absence of written contract or local usage? Section 106 of Transfer of Property Act, 1882

Section 106 of Transfer of Property Act 1882 : "Duration of certain leases in absence of written contract or local usage"

106. (1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice.

(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.

(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.

 

(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.

 

TRANSFER OF PROPERTY ACT 1882

Section 106 - Duration of certain leases in absence of written contract or local usage

Section 107 - Leases how made

Section 108 - Rights and liabilities of lessor and lessee

Section 109 - Rights of lessor's transferee

Section 110 - Exclusion of day on which term commences

 

 

Section 111 - Determination of lease

Section 112 - Waiver of forfeiture

Section 113 - Waiver of notice to quit

Section 114 - Relief against forfeiture for non-payment of rent

Section 114A - Relief against forfeiture in certain other cases

Section 115 - Effect of surrender and forfeiture on under-leases

 

 

Section 116 - Effect of holding over

Section 117 - Exemption of leases for agricultural purposes

CHAPTER VI
OF EXCHANGES

Section 118 - Exchange defined

Section 119 - Right of party deprived of thing received in exchange

Section 120 - Rights and liabilities of parties

 

 

Section 121 - Exchange of money

CHAPTER VII
OF GIFTS

Section 122 - Gift defined

Section 123 - Transfer how effected

Section 124 - Gift of existing and future property

Section 125 - Gift to several, of whom one does not accept

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