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Section 103: Notice, etc., to or by person incompetent to contract

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Section 102 All 137 Sections of Transfer of Property Act Section 104

Legal Commentary & Landmark Judgments: Section 103

Section 103 regulates the service of notice and deposit procedure where the person entitled to receive notice or money is a minor, person of unsound mind, or dead.

  • Service on Legal Guardians: Where the person on whom notice is to be served is a minor or person of unsound mind, service shall be made on his legal guardian.
  • Deceased Mortgagee Service: Where the person is dead, notice is served on his legal representatives or executors.
  • Court Appointment Option: If there is no guardian, the court may appoint a guardian ad litem for the purposes of Section 83 deposit and notice.
Key Landmark Precedents:
  • Kailash v. Nanhku, (2005) 4 SCC 480: Affirmed the duty of courts to ensure proper representation of minors and persons of unsound mind in statutory property proceedings.
  • Prithi Nath Singh v. Suraj Ahir, AIR 1963 SC 1041: Examined service compliances on legal heirs in redemption proceedings.
Courtroom Practice & Strategic Litigation Guidance:

If a private mortgagee dies, ascertain all legal heirs through an inquiry in the municipal registry and serve Section 103 notice on all heirs to effectuate a valid Section 83 deposit.

Section 102 All 137 Sections of Transfer of Property Act Section 104