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Under section 108(d) of the Transfer of Property Act, 1882, what happens if the leased property gains…

Under Section 108(d) of the Transfer of Property Act, 1882 (Rights and liabilities of the lessee), in the absence of a contract or local usage to the contrary, if during the…

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Under section 108(d) of the Transfer of Property Act, 1882, what happens if the leased property gains an accession during the lease and there is no contract or local usage to the contrary?

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Answer and explanation

Correct answer C

Under Section 108(d) of the Transfer of Property Act, 1882 (Rights and liabilities of the lessee), in the absence of a contract or local usage to the contrary, if during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease.

Option feedback

Option A

Incorrect. Section 108(d) of the Transfer of Property Act, 1882 provides that such accession shall be deemed to be comprised in the lease (subject to the law relating to alluvion), not excluded from it.

Option B

Section 108(d) deems the accession included by operation of law, subject to the law of alluvion. It requires no separate declaration.

Option C

Correct. Under Section 108(d) of the Transfer of Property Act, 1882, if during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease.

Option D

Section 108(d) deems the accession included in the lease, subject to the law of alluvion.

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