TPA Section 103: Notice, etc., to or by person incompetent to contract

Transfer of Property Act, 1882 · Chapter 4: Mortgages of immovable property and charges

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103. Notice, etc., to or by person incompetent to contract.—Where, under the provisions of this Chapter, a notice is to be served on or by, or a tender or deposit made or accepted or taken out of Court by, any person incompetent to contract, such notice may be served [on or by], or tender or deposit made, accepted or taken by, the legal curator of the property of such person; but where there is no such curator, and it is requisite or desirable in the interests of such person that a notice should be served or a tender or deposit made under the provisions of this Chapter, application may be made to any Court in which a suit might be brought for the redemption of the mortgage to appoint a guardian ad litem for the purpose of serving or receiving service of such notice, or making or accepting such tender, or making or taking out of Court such deposit, and for the performance of all consequential acts which could or ought to be done by such person if he were competent to contract; and the provisions of [Order XXXII in the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908)] shall, so far as may be, apply to such application and to the parties thereto and to the guardian appointed thereunder.

Official reference: Government of India reference, hosted by Andhra Pradesh High Court — checked: 30 September 2026.Central reference text reproduced from the linked government PDF, with footnotes and separately labelled state amendments left in the original. It includes the 2001/2003 changes and the 2019 territorial-extension note. The checking date is not a certification that every state rule is current. Consult the original schedule, territorial notifications and applicable state law separately.Read the original schedule and amendment notes

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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