NIA 51 — Who may negotiate

Negotiable Instruments Act, 1881

Statutory text

Every sole  maker,  drawer,  payee  or  indorsee,  or  all  of  several  joint
makers,  drawers,  payees  or  indorsees,  of  a  negotiable  instrument  may,  if  the  negotiability  of  such instrument has not been restricted or excluded as mentioned in section 50, indorse and negotiate the same.
Explanation.—Nothing in  this  section  enables  a  maker  or  drawer  to  indorse  or  negotiate  an
instrument, unless he is in lawful possession or is holder thereof; or enables a payee or indorsee to indorse or negotiate an instrument, unless he is holder thereof.
Illustration A  bill  is  drawn  payable  to  A  or order.  A  indorses  it  to  B,  the  indorsement not containing the words “or order” or any equivalent words. B may negotiate the instrument.

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