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Section 109 - Rights of lessor's transferee : Transfer of Property Act, 1882

 

 

What are the Rights of lessor's transferee? Section 109 of Transfer of Property Act, 1882

Section 109 of Transfer of Property Act 1882 : "Rights of lessor's transferee"

109. If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer, cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as the person liable to him :

Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liable to pay such rent over again to the transferee.

 

The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased.

 

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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