Section 117 of The Transfer of Property Act, 1882
None of the provisions of this Chapter apply to leases for agricultural purposes, except in so far as the State Government 1*** may by notification published in the Official Gazette, declare all or any of such provisions to be so applicable 2[in the case of all or any such leases], together with, or subject to, those of the local law, if any, for the time being in force. Such notification shall not take effect until the expiry of six months from the date of its publication.
Summary
- This section exempts agricultural leases from all of the general lease rules contained in Chapter V of the central property statute.
- The state government has the authority to publish a notification in its Official Gazette to make some or all of these rules applicable to agricultural leases.
- Any such state notification can apply the lease rules either on their own or subject to existing local laws.
- A notification removing the agricultural exemption does not take effect until six months have passed from its publication date.
Practical examples
FAQ
1. Does the Transfer of Property Act 1882 apply to agricultural leases under Section 117?
No, under Section 117 of this central property statute, the general rules for leases in Chapter V do not apply to agricultural leases unless the state government issues a specific notification to apply them.
2. How can a state government make lease laws apply to farming land under the Transfer of Property Act 1882 Section 117?
Under Section 117 of the central property legislation, the state government must publish an official notification in its Official Gazette. It can declare that some or all of the lease rules apply, subject to any local laws.
3. How long does it take for a government notification under Section 117 of the Transfer of Property Act 1882 to become active?
According to Section 117 of the Transfer of Property Act, 1882, any such notification will only take effect after six months have passed from the date of its publication in the Official Gazette.
Test yourself
Q1.Under Section 117 of the Transfer of Property Act, 1882, which default rule governs leases created solely for agricultural purposes?
Q2.Suppose a state government decides to apply the standard lease rules of Chapter V to local agricultural leases. Under Section 117 of the Transfer of Property Act, 1882, when does such a notification become legally effective?
Q3.If a state government publishes a notification under Section 117 of the Transfer of Property Act, 1882 to apply central lease provisions to agricultural land, how does this interact with existing local laws?
Q4.Under Section 117 of the Transfer of Property Act, 1882, which authority is empowered to write and publish notifications that remove the agricultural lease exemption?