India. Laws, statutes, etc. Property law THE TRANSFER OF PROPERTY IN BRITISH INDIA. BEING AN ANALYTICAL COMMENTARY ON THE TRANSFER OF PROPERTY ACT, 1882. As amended by Act III of 1885, and Act II of 1900, and in part WITH AN INTRODUCTION, AND A COLLECTION OF CONVEYANCING PRECEDENTS; AND A BY H. S. GOUR, M.A. (CANTAB), OF THE INNER TEMPLE, ESQUIRE, BARRISTER-AT-LAW, Calcutta: THACKER, SPINK AND CO. IN PREFACE. Or all Acts of the Indian Legislature, none has required such a careful nursing at the hands of the most leading jurists of the day as the TRANSFER OF PROPERTY ACT, 1882. Not long after the policy of codification had been sanctioned by the Secretary of State in Council, and none too soon as would appear from the chaotic state of the law, at least on the subject of mortgages, commented upon by the Privy Council in Thumbusawmy's case,' the Government of India appear to have taken steps to legislate, and consequently in 1870 a Commission was appointed in England to draft a Bill embodying the fundamental principles of the law relating to immoveable property. This Commission, composed of Lord Romilly, M. R., Sir Edward Ryan, formerly Chief Justice of Bengal, Lord Sherbrooke, Sir Robert Lush, Sir John MacLeod (the distinguished Madras Civilian who helped Macaulay in framing the Penal Code), and Sir W. M. James, drafted a Bill which was sent down to this country for legislation. On its arrival it was then subjected to repeated alterations, after which it was ushered into the Legislative Council in 1879. For three more years the Bill served its apprenticeship and received many finishing touches from the hands of eminent Judges like the Right Hon'ble Sir Richard I. L. R., 1 Mad., 1 (23) P. C. |