The Transfer of Property and the Indian Registration (Bombay Amendment) Act, 1939

This Act may be called the Transfer of Property and the Indian Registration (Bombay Amendment) Act, 1939.

This Act shall apply to notices in respect of suits or proceedings which relate to immovable properties situate wholly or partly in the Greater Bombay with effect from such date as may be directed by the Provincial Government in this behalf by notification in the Official Gazette : Provided that the Provincial Government may by similar notification direct that the provisions of this Act shall apply to such notices relating to immovable properties situate wholly or partly in such other area as may be specified in the said notification.

Section 52 of the Transfer of Property Act, 1882, shall be renumbered as sub-section

1. (1) of section 52 of the said Act and
   • (i) in sub-section
2. (1) so renumbered after the word "question", the words and figures "if a notice of the pendency of such suit or proceeding is registered under section 18 of the Indian Registration Act, 1908", and after the word "property" where it occurs for the second time, the words "after the notice is so registered", shall be inserted ; and (ii)

In the Transfer of Property Act, 1882, in its application to the State of Bombay (hereinafter referred to as "the principal Act") after section 1, the following section shall be inserted, namely :- Application of Act to transfer of agricultural land in Saurashtra and Hyderabad areas of State of Bombay. 1A. Subject to the provisions of any special or local law relating to agricultural land for the time being in force in any area, this Act shall, on the commencement of the Transfer of Property (Bombay Provision for Uniformity and Amendment) Act, 1959, apply also to transfer of agricultural land in the Saurashtra and Hyderabad areas of the State of Bombay.

The Transfer of Property Act, 1882 as adapted and applied to the Saurashtra area of the State of Bombay by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 and the Hyderabad Act I of 1336 Fasli in its application to the Hyderabad area of the State of Bombay are hereby repealed : Provided that such repeal shall not affect—

1. (a) the previous operation of any law so repealed, or anything duly done or suffered thereunder ;
2. (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed ;
3. (c) any legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid ; and any such legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed : Provided further that, subject to the preceding proviso, anything done or any action taken under any such law shall, in so far as it is not inconsistent with the provisions of the principal Act, as amended by this Act be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act and shall continue in force accordingly unless and until superseded by anything done or any action taken under the principal Act.