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Section 104: Power to make rules

Transfer of Property Act • Official Statutory Text & Practice Guide

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Act 1882
Section 103 All 137 Sections of Transfer of Property Act Section 105

Legal Commentary & Landmark Judgments: Section 104

Section 104 empowers High Courts to make rules consistent with the Act for carrying out the provisions of Chapter IV regarding court deposits, notices, and procedural forms.

  • High Court Rule-Making Power: The High Court may, from time to time, make rules consistent with this Act for carrying out, in itself and in the courts of civil judicature subject to its superintendence, the provisions contained in this Chapter.
  • Regulation of Court Deposits: Regulates procedures for Section 83 mortgage money deposits, registrar notices, and interest calculations.
  • Subordinate Civil Practice: High Court Civil Rules and Practice directions govern day-to-day mortgage deposit execution.
Key Landmark Precedents:
  • Prithi Nath Singh v. Suraj Ahir, AIR 1963 SC 1041: The Supreme Court noted that rules framed by High Courts under Section 104 govern the administrative mechanics of Section 83 mortgage tenders.
  • Seth Ganga Dhar v. Shankar Lal, AIR 1958 SC 770: Affirmed the procedural authority of High Court civil rules in mortgage administration.
Courtroom Practice & Strategic Litigation Guidance:

Consult the local High Court Civil Practice Rules regarding the specific treasury deposit challan forms and verification affidavits required when filing a Section 83 petition under Section 104.

Section 103 All 137 Sections of Transfer of Property Act Section 105