THE TRANSFER OF PROPERTY (AMENDMENT), ACT 1929

Year : 1929

[Act No. 21 of 1929]1*

[4th October, 1929]

PREAMBLE

An Act to supplement the Transfer of Property (Amendment) Act, 1929.

Whereas by reason of the passing of the Transfer of Property (Amendment) Act, 1929(20 of 1929), it is expedient that certain amendments should be made in certain other enactments; 

It is hereby enacted as follows:-

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1. This Act has been declared to be in force with modifications in the Sonthal Parganas under section 3(3) (a) of the Sonthal Parganas Settlement Regulation (3 of 1872); sec B. & O. Gazette, 1930, Pt. II, p. 433.Rep. in part in West Bengal by West Bengal Act 7 of 1948.

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Section -1 Short title and commencement

(1) This Act may be called the Transfer of Property (Amendment) Supplementary Act. 1929.

(2) It shall come into force on the first day of April, 1930.

Section -2 to 14 Amendments

Rep. by the Repealing Act, 1938(1 of 1938), s. 2 and Sch.

Section -15 Savings

(1) Save as provided in sub-section (2), nothing in this Act shall be deemed to affect-

(a) The terms or incidents of any transfer or disposition of property made or effected before the first day of April, 1930;

(b) The validity, invalidity, effect or consequences of anything already done or suffered before the aforesaid date;

(c) Any right, title, obligation or liability already acquired; accrued or incurred before such date;

(d) Any remedy or proceeding in respect of such right, title, obligation or liability; or

(e) Anything done in the course of any proceeding pending in any Court on the aforesaid that; and any such remedy or proceeding may be enforced, instituted or continued, as the case may be, as if this Act had not been passed.

(2) Notwithstanding anything contained in section 9 of this Act, in the Presidency of Bombay and such other territories as the Central Government may, by notification in the Official Gazette, specify in this behalf, a suit by a mortgagee for foreclosure or sale on a mortgage by deposit of title-deeds may be instituted within two years from the date of the commencement of this Act, or within sixty years from the date when the money secured by the mortgage became due, whichever period expires first; and no such suit instituted within the said period of sixty years and pending at the date of the commencement of this Act, either in a Court of first instance or of appeal, shall be dismissed on the ground that the twelve years' rule of limitation is applicable.

Rep. by the Repealing and Amending Act, 1939(34 of 1939), s. 3 and Sch. II.