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Report No. 70

Chapter 10

Relationship with Contracts Act and Registration Act

Section 4

10.1. We have already state1 that the Transfer of Property Bill was originally conceived as a part of a wider project forming part of a draft Civil Code. That plan did not materialise. But the unity of the project finds some reflection in section 4.

Section 4 provides that the Chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872.

Further, it provides that section 54, paragraphs 2 and 3, 59, 107 and 123 shall be read as supplemental to the Indian Registration Act, 1908.

The first part of the section does not merely mean that transfers by act of parties are subject to the general principles of the law of Contracts. That did not require an express provision. Its practical importance could be more concretely indicated by stating that definitions and explanations in the Contract Act can be invoked for construing the Transfer of Property Act.

We have no further comments on section 4.

1. Chapter 1.

The Transfer of Property Act, 1882 Back

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