Transfer of Immovable Property (Temporary Provisions) Order, 1972


Transfer of
Immovable Property (Temporary Provisions) Order [PO No. 142 of 1972]


Article 4—

Under the
Muslim Law an oral heba is a valid mode of transfer which does not come under
the scope of President’s Order No.142 of 1972 as can be found from the language
of its article 4. Furthermore, a deed of gift executed by a Muslim is not an
instrument affecting, creating or making the gift, but is a mere piece of
evidence and does not require registration within the meaning of section 17 of
the Registration Act and that even the affidavit, Ext.12, cannot be considered
as a document of transfer.

Bangladesh
represented by the Secretary, Ministry of Works, Government of People’s
Republic of Bangladesh vs Sultana Suraiya Akhter 48 DLR 389.

 

Article 6—

In the
present suit Government is not a necessary party as it does not involve any
question of title relating to a suit for specific performance of contract.

Laxmi Kanta
Roy vs Upazila Nirbahi Officer 46 DLR 136.

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