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Section 113 - Waiver of notice to quit : Transfer of Property Act, 1882

 

 

What is Waiver of notice to quit? Section 113 of Transfer of Property Act, 1882

Section 113 of Transfer of Property Act 1882 : "Waiver of notice to quit"

113. A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting.

Illustrations
(a) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires. B tenders, and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived.

(b) A, the lessor, gives B, the lessee, notice to quit the property leased. The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit. The first notice is waived.

 
 

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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