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Section 102: Service or tender on or to agent

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Act 1882
Section 101 All 137 Sections of Transfer of Property Act Section 103

Legal Commentary & Landmark Judgments: Section 102

Section 102 regulates the service of statutory notices required to be served on persons under Chapter IV (Mortgages), providing methods for personal delivery, agent service, or tender at place of residence.

  • Statutory Notice Service: Every notice which is required by this Chapter to be served on or given to any person shall be in writing.
  • Service Hierarchy: May be served by being delivered to him personally, or to his agent, or by being left at his usual or last known place of abode or business.
  • Postal Service: May be sent by registered post; properly addressed and prepaid registered notices carry a statutory presumption of service under Section 27 General Clauses Act.
Key Landmark Precedents:
  • State of Haryana v. Narvir Singh, (2014) 1 SCC 105: Referenced procedural notice mandates in mortgage enforcement.
  • C.C. Alavi Haji v. Palapetty Muhammed, (2007) 6 SCC 555: The Supreme Court affirmed that registered postal delivery to the correct address satisfies statutory notice requirements under property and commercial statutes.
Courtroom Practice & Strategic Litigation Guidance:

Dispatch all mortgage demand and redemption notices via registered speed post with tracking delivery acknowledgment to establish conclusive service under Section 102.

Section 101 All 137 Sections of Transfer of Property Act Section 103