Report No. 181

Amendment to Section 106 of The Transfer of Property Act, 1882

Ever since 1882, certain words in section 106 of the Transfer of Property Act, 1882, have given rise to a lot of litigation. An amendment of section 106 is long overdue. The purpose of the present Report is to eliminate this litigation in so far as it relates to computation of period of notice and to relax some of the rigid principles laid down in some judgments which have led to serious injustice and multiplicity of litigation. In fact, in the State of UP, by virtue of a State Amendment under the UP Act 24 of 1954, this section was amended long back. A similar amendment in the Principal Act has to be made so as to remove the hardship caused to litigants in the rest of the country.