Uni.docx

NAME

:

MUHAMMAD YOUNIS

:

MUHAMMAD HASHIM

ROLL NO

:

BL-0669

SECTION

:

BATCH

:

SUBJECT

: TRANSFER OF PROPERTY ACT

FATHER’S NAME

( B) 5TH SEMESTER IV

1882 PROFESSOR

:

INSTITUTE

:

TOPIC

:

DR. RAHEEM SOMROO SZABUL WRITE DOWN THOSE ARTICLES OF CONSTITUTION 1973,WHICH ARE RELATED WITH PROPERTY

INTRODUCTION

Transfer of property act 1882: The Transfer of Property Act came into existence in 1882. Before that, the transfer of immovable property was governed by principles of English law and equity. The preamble of Act sets out the objective of the legislation. Scope of this Act is limited. It applies only to transfer by the act of parties and not by operation of law. Also this Act deals with a transfer of property. It contains transfer of both Movable and Immovable property. But a major portion of the enactment is applicable to the transfers of immovable properties only. The Act is not exhaustive. Transfer of Property is the most difficult subject, next only to jurisprudence. The reason is that it deals with certain doctrines having their Origin in the Common Law of England, some totally alien to the Indian Concepts. The Transfer of Property Act 1882, was amended substantially in 1929. The student must lend much attention to the doctrines enshrined in the Act. Wherever it is found essential, a comparative picture is drawn comparing the Indian Law with the English. Some topics especially on Gifts, Leases & Exchange. are too simple and easy to understand. Though the preliminary aspects relating to transfer, sale & Mortgage, are simple the various doctrines in their ramification present themselves to be formidable . By its very existence, society mandates interaction, exchange or transfer. A property, movable or immovable, is transferred from one person to another under various different situations and circumstances and for different

values. The transfer may be a gift, an inheritance or an asset acquired by paying full value. THESE ARE THE ARTICLES OF CONSTITUTION 1973, WHICH ARE RELATED WITH PROPERTY:

Article: 4 Rights of individuals to be dealt with in accordance with law, etc.

(2) In particular…….. (a) No action detrimental to the life, liberty, body, reputation, or property of any person shall be taken except in accordance with law.

Article: 23 Provisions as to Property: Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the constitution and any reasonable restrictions imposed by law in the public interest.

Article: 24 Protection of Property Rights: (1) No person shall be deprived of his property save in accordance with law, (2) No property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation therefor and either fixes the amount of compensation or specifies the principles on and the manner in which compensation is to be determined and given. (3) Nothing in this Article shall affect the validity of…..

(a) Any law permitting the compulsory acquisition or taking possession of any property for preventing danger to life, property or public health, (b) Any law permitting the taking over of any property which has been acquired by, or come into the possession of any person by any unfair means, or in any manner, contrary to law, (c) Any law relating to the acquisition, administration or disposal of any property which is or it deemed to be enemy property or evacuee property under any law(not being property which has ceased to be evacuee property under any law), (d) Any law providing for the taking over of the management of any property by the state for limited period, either in the public interest or in order to secure the proper management of the property, or for the benefit of its owner.

Article: 165 Exception of certain public Property From Taxation: (1)The federal government shall not, in respect of its property or income, be liable to taxation under any act of provincial Assembly, and subject to clause(2), A provincial government shall not, in respect of its property or income, be liable to taxation under act of [Majlis -e-Shoora (parliament)] or under act of the provincial assembly of any other province. (2) If a trade or business of any kind is carried on by or on behalf of the government of province outside that province, that government may, in respect of any property used in connection with that trade or business or any income arising from that trade or business, be taxed under act of [Majlise-shoora (parliament)] or under act of the provincial assembly of the province in which that trade or business is carried on.

Articles: 172 Ownerless Property: (1) Any property which has no rightful owner shall, if located in a province, vest in the government of that province, and in every other case, in the Federal Government.

Article: 173 power to Acquire Property and to make contracts etc. (1) The executive authority of federation and of a province shall extend, subject to any act of the appropriate legislature, to the grant, sale, disposition or mortgage of any property vested in, and to purchase or acquisition of property on behalf of, the Federal Government or, as the case may be, the provincial Government, and to the making of contracts. (2) All property acquired for the purposes of federation or of a province shall vest in the federal government or, as the case may be, in provincial government. (3) All contracts made in the exercise of the executive authority of the federation or of a province shall be expressed to be made in the name of president or, as the case may, the Governor of the province, and all such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the president or Governor by such persons and in such manner as he may direct or authorize.

Article : 185 Appellate jurisdiction of supreme court: 2 (e) If the judgment, decree or final order involves directly or indirectly some claim or question respecting property of the like amount or value and the judgment, decree or final order appealed from has varied or set aside the judgment, decree or final order of the court immediately below.

Article : 199 Appellate jurisdiction of High court: 4(b) The making of an interim order would have the effect of prejudicing or interfering with the carrying out of a public work or of otherwise being harmful to public interest [or state property] or of impeding the assessment or collection of public revenues, the court shall not make an interim order unless the prescribed law officer has been given notice of the application and he or any person authorized by him in that behalf has had an opportunity of being heard and the court, for reasons to be recorded in writing, is satisfied that the interim order.

Article : 199 Appellate jurisdiction of High court: (4A) An interim order made by a high court on an application made it to question the validity or legal effect of any order made, proceeding taken or act done by any authority or person, which has been made, taken or done or purports to have been made, taken or done under any law which is specified in part 1 of the first schedule or relates to, or is connected with, state property or assessment or collection of public revenues shall cease to have effect on the expiration of a period of six months following the day on which it is made.

Article : 212 Administrative courts and Tribunals. (1)(C):Matters relating to the acquisition, administration and disposal of any property which is deemed to be enemy property under any law.

Article: 253 Maximum limits as to property, etc. (1)(a):Prescribe the maximum limits as to property or any class thereof which may be owned, held, possessed or controlled by any person.

Article : 260(C) (estate duty definition): Estate duty means a duty assessed on, or by reference to, the value of property passing upon death. Article : 260 (property, page no:162 Line number 85): Property includes any right, title or interest in property, movable or immovable, and any means and instruments of production. Articles

:

274

Vesting

of

property,

assets,

rights,

liabilities and obligations. (1) All property and assets which, immediately before the commencing day, were vested in the president or the federal government shall, as from that day, vest in federal government unless they were used for purpose which, on that day, became purposes of the government of a province, in which case they shall, as from that day, vest in the government of province. (2) All property and assets which, immediately before the commencing day, were vested in the government of a province, shall, as from that day, continue to be vested in the government of that province, unless they were used for purposes, which on that day, became purposes of the federal government in which case they shall as from that day, vest in the federal government.

FIRST SCHEDULE [Article 8(3)(b) and (4)] PART I I.PRESIDENT’S ORDER 1. The Acceding state (property) order, 1961 (P.O.No.1 Of 1972). II. REGULATIONS 4. The Distribution of property (chitral) Regulation, 1974 (ii of 1974). 5. The settlement of Disputes of Immovable property (chitral) Regulation, 1974(iii of 1947). 6.The Dir and swat (Devolution and Distribution of property and settlement of disputes of Immovable property) (Amendment) Regulation, 1975 (ii of 1975). 7. The settlement of Dispute of Immovable property (chitral), (Amendment) Regulation, 1976 (ii of 1976).

PART II I. PRESIDENT’S ORDERS II. REGULATIONS 1. Rawalpindi (Requisition of property) Regulation, 1959. 3. The security of claims (Evacuee property) Regulation, 1961. 5. The improper Acquisition of property Regulation, 1969.

9. The Enemy property (payment of Money Due to Enemy ) Regulation 1970. 11. The price of Evacuee property and public Dues (Recovery) Regulation, 1971. 18. The Enemy property (Revocation of sales ) Regulation, 1972. 19. The Dir and swat (Devolution and Distribution property) Regulation, 1972 20. The Dir and swat (settlement of Dispute of Immovable property) Regulation, 1972. iii.ORDINANCE PROMULGATED BY THE PRESIDENT 2. The Jammu and Kashmir (Administration of property ordinance) 1961(iii of 1961).

FOURTH SCHEDULE [Article 70(6)] LEGISLATIVE LISTS FEDERAL LEGISLATIVE LIST PART I 37. Works, lands and buildings vested in, or in the possession of government for the purpose of the federation (not being military, navel or air force works), but, as regards property situate in a province, subject always to provincial legislation, save in so far as federal law otherwise provides.

THE END.