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Ekrarnama

CategoryE
TitleEkrarnama
Details

The deed of re conveyance.


Right of repurchase is not transferable. Ekrarnama is not a deed of conveyance; it is at best an agreement between the vendor and vendee and by itself it does not create any interest in land. The restriction created in Ekrarnama is quite valid. Unless the interest created by any transfer is absolute, section 11 Transfer of Property Act shall have no application. [46 DLR 96] [Transfer of Property Act, 1882 (IV of 1882), section 6, 10, 11, 40]


As Ekrarnama does not necessarily mean an undertaking to recovery any land, it may for various other purposes. The meaning of a particular ‘ekrarnama’ has to be drawn from its contents. The intention of the parties as can be gathered from the words used in the said ekrarnama appears to be that if at time in future the suit land is required to be sold by vendee, or his successors, the vendor or his successors shall have the right to purchase the same at same price at which the suit land was sold. [49 DLR 454] [Rotofrusy on Civil Law and Rulings, Vol.1, p. 379]
Created OnJune 4, 2012, 7:09 AM
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