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A lease of immovable property for neither agriculture nor manufacturing is deemed month to month under…

The ordinary statutory notice period is fifteen days from receipt. The substituted section does not require expiry at the end of a tenancy month. Under subsection (3), a…

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A lease of immovable property for neither agriculture nor manufacturing is deemed month to month under section 106 of the Transfer of Property Act, 1882. In the absence of a contrary contract, local law or usage, what is the prescribed notice period from receipt?

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Answer and explanation

Correct answer A

The ordinary statutory notice period is fifteen days from receipt. The substituted section does not require expiry at the end of a tenancy month. Under subsection (3), a short notice is not invalid merely because it is short if the suit or proceeding is filed after the prescribed period has elapsed.

Option feedback

Option A

Section 106(1) prescribes fifteen days for the ordinary deemed month-to-month lease. Subsection (2) starts that period on receipt.

Option B

Month-to-month tenancy does not prescribe a full month of notice. Section 106(1) specifies fifteen days.

Option C

Section 106(1) does not prescribe three months for the deemed month-to-month lease.

Option D

Section 106(1) does not prescribe sixty days for the deemed month-to-month lease.

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