THE TRANSFER OF PROPERTY ACT 507
1 IS EXECUTION OF THE DEED ENOUGH TO GIVE EFFECT TO THE MORTGAGE ?
It is hardly necessary to state that the mere execution of a deed is not enough if it is not intended to operate as a binding agreement.
This is expressed in English Law by the formula that a deed must be delivered.
This may not be clear unless one understands what meant by ‘delivered’. There is nothing mysterious about the delivery of a deed which does not represent any technical process, but only indicates that the instrument is to come into immediate operation.
Shephard in his Touchstone speaks of delivery as one of the requisites of a good deed and adds that it is a question of fact for the jury.
CASE LAW
I. S UIT AGAINST S ECRETARY OF S TATE
(1906) 1 K. B. 613 ; 5 Luc. 157; 37 Mad. 55.
II. P OSITION OF THE C ROWN
1920 A.C. 508 ;1932 A. C.28 ; 1929 A. C.285 ; 8 App. cases
767 ; 8 M.I.A. 500 ; 1903 App. cases 501.
III. P ARAMOUNTCY
(1792) 2 Ves. 60 ; 13 M. P. C. C. 22 ; (1906) 1 K. B. 613.
British India = Section 3(17) General Clauses Act, 1897. Whole of British India = includes the Scheduled Districts.
52 Mad. 1.
Any newly acquired territory becomes an annexation part of British India—Onsley vs. Plowden (1856—59) 1 Bom. 145.
But it retains its laws until altered by the Crown or Legislature. 19 Bom. 680 (686) following 1 M. I. A. 175/271.
Acts such as Stamp Act passed by the Indian Legislature have been extended to many places which though outside British India are under British Administration (e. g. Bangalore, Hyderabad assigned districts: Baroda cantonment: Mount Abu, etc.) by