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Report No. 157

1.16. Earlier Report and need for present Report.-

It may be mentioned that a few years ago, the Law Commission forwarded1 to Government a comprehensive report on the Transfer of Property Act, 1882. The report awaits implementation. In the meantime, the Commission has considered it proper to take up the subject under consideration, having regard to the urgent and pressing need, in the present day situation, of ensuring a minimum degree of certainty in the matter of title to immoveable property.

The statutory provision with which this Report is concerned has a vital impact on the certainty of title to land and other categories of immoveable property. Land being a resource of vital importance in any economy, it is necessary that title thereto should be as clear as possible. And, since certainty of title depends, to a large extent, on the soundness of legal provisions relevant thereto and to their practical application and impact, it is obvious that those provisions should be subjected to scnitiny and review at reasonable intervals, so that the law may adequately achieve its objective of promoting the certainty of title to the important economic resource of land.

1. 70th Report of the Law Commission on The Transfer of Property Act, 1882.

Section 52 of the Transfer of Property Act, 1882 and its Amendment Back

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