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LS passes Transfer of Property (Amendment) Bill
New Delhi, Dec 12: Lok Sabha today passed a bill aimed at clarifying the date of commencement of the notice period in connection with transfer of property, the `confusion` regarding which has led to a large number of cases pending in various courts across the country.
New Delhi, Dec 12: Lok Sabha today passed a bill aimed at clarifying the date of commencement of the notice period in connection with transfer of property, the
"confusion" regarding which has led to a large number of cases pending in various courts across the country.
The transfer of property (amendment) bill, 2002, which was passed by a voice vote after a brief discussion, proposes that the period of notice "shall commence from the date of its receipt and the amendment shall apply to the pending suits or proceedings", according to its statement of objects and reasons.
Law Minister K Jana Krishnamurthi, who moved the bill, said a large number of cases were pending in courts across the country over the "prevailing confusion" regarding the date on which the notice period begins. Stating that the amendment aimed at ending this confusion by making it clear that the notice period shall begin on the date of the receipt of the notice, he said the Supreme Court had in 1965 stated that the notice period would be computed from the day on which the notice is served. The law commission had also made a similar recommendation but the "multiplicity of litigations" continued, he said.
In response to a brief debate, he said fresh notices would have to be given in those cases which had already been dismissed due to the confusion over the notice period. He said the amendment would apply to the pending suits or proceedings and notices issued before the commencement of the proposed amendment.
Bureau Report
Law Minister K Jana Krishnamurthi, who moved the bill, said a large number of cases were pending in courts across the country over the "prevailing confusion" regarding the date on which the notice period begins. Stating that the amendment aimed at ending this confusion by making it clear that the notice period shall begin on the date of the receipt of the notice, he said the Supreme Court had in 1965 stated that the notice period would be computed from the day on which the notice is served. The law commission had also made a similar recommendation but the "multiplicity of litigations" continued, he said.
In response to a brief debate, he said fresh notices would have to be given in those cases which had already been dismissed due to the confusion over the notice period. He said the amendment would apply to the pending suits or proceedings and notices issued before the commencement of the proposed amendment.
Bureau Report