Under section 113 of the Transfer of Property Act, 1882, the giver of a notice to quit acts so as to show an intention to treat the lease as subsisting. What kind of consent from the notice…
Question and options
Under section 113 of the Transfer of Property Act, 1882, the giver of a notice to quit acts so as to show an intention to treat the lease as subsisting. What kind of consent from the notice recipient can support waiver?
Express or implied consent
Implied consent only
Written consent only
No consent is required
Answer and explanation
Under section 113 of the Transfer of Property Act, 1882, a notice to quit is waived by any act of its giver showing an intention to treat the lease as subsisting, done “with the express or implied consent” of the person to whom the notice was given. Consent may therefore be express or implied; the section requires no written form, and some consent of the recipient is always needed.
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