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TRANSFER OF PROPERTY ACT IS NOT AFFECTED BY PERSONAL LAW

RADHAKISHAN LAXMINARAYAN TOSHNIWAL vs. SHRIDHAR RAMCHANDRA ALSHI AND OTHERS reported in AIR 1960 SC 1368, wherein it is held that the transfer of property, where the Transfer of Property Act applies, has to be under the provisions of the said Act only; the Mohammedan Law of transfer of property cannot override the statutory law. It has expressed the considered view that wherever the Transfer of Property Act is in force, the Mohammedan Law or any other personal law is inapplicable to the transfer of properties, this judgment is followed subsequently by the Hon'ble Apex Court in the case of KUMAR GONSUSAB vs. MOHAMMED MIYAN URF BABAN reported in AIR (SCW) - 2008-0-6311.






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