Delivery Of Possession Of Immovable Property

It must now be accepted that the provisions of. Even where possession of immovable property is not delivered a title can pass in favour of the purchaser under the registered sale deed.

Sec 12 13 And 14

delivery of possession of immovable property

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For a valid gift of immovable property delivery of possession is not a pre requisite.

Delivery of possession of immovable property. The steps to be taken under order xxi rules 35 and 36 of the code of civil procedure 1908 in the case of the delivery of immovable property are as follows. 180 of the act of 1908. But if property is in hands of tenant then constructive possession would be sufficient.

This act may be cited as the moveable and immovable property act of the kingdom of bhutan 1999. Where the property sold is movable property in the possession of some person other than the judgment debtor the delivery. Order xxi rule 35 states that where the decree is for delivery of any immoveable property possession of such property shall be delivered to the party to whom it has been adjudged or to the person who has been appointed by.

While dealing with the delivery of movable property the bare language of rule 79 provides that where the property sold is movable property of which actual seizure has been made it shall be delivered to the purchaser. Part i general provisions 1. Order 21 cpc elaborate procedure as to how both said decrees will be executed.

In this video i will try to elaborate execution of decree for delivert of immovable property and possession thereof. Immovable property refers to real estate property that cannot be displaced like house factory etc. The period of limitation for an application for delivery of possession by a purchaser of immovable property at a sale in execution of a decree is one year and the time of limitation starts to run from the date when the sale becomes absolute.

Delivery of possession of immovable property is not sine qua non for passing the title. It was contended that the courts below did not raise an issue of adverse possession. Delivery of possession to the donee is concerned9 sec 123 provides for compulsory registration and does not prescribe for delivery of possession of immovable property to the donee.

But in every case the delivery of possession must be made to the donee. A first where a decree is for delivery of immoveable property if such property is in the possession of. Under muslim law a gift may be made orally or in writing irrespective of the fact whether the property is movable or immovable.

Part gexecution of decrees for the delivery of immovable property. 1where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining possession of the property he may make an application to the court complaining of such resistance or obstruction. Immovable property be it enacted by the national assembly of the kingdom of bhutan in the year 1999 corresponding with the bhutanese calendar year of the female earth hare as follows.

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