s.
3 Definition
immovable property
attached to the earth
Need for determination of nature of property
1. Taxation of purpose (Sale of Goods Act, 1930 Transfer of property Act, 1882, Indian Stamp
Act, 1920, The Registration Act, 1908)
2. Determination of rights
3. Court proceedings (procedural)
List of movable
Standing timer growing crops grass - plant and
List of immovable
Ferry-Catch fish-Way-easement-barrels-pension-hut-rent & profits-worship-compensation-obtain
specific performance-sale-lease -superstructure-sugarcane press embedded on ground-
right to obtain toddy - equity of redemption -right to ferry - metals & Minerals - slag &
earth before separation from soil - hereditary office - right to vatan - sever and collect
tendu leaves worship an idol right to sever compensation copyright royalty to
owner of soil agreement to sell immovable property
Marshal v. Green
Duppa v. Mayo
Seeni Chettiyar v. Santhanathan
Tithagpur paper mills v. Commissioner of Central Excise
Ananda Behera v. State of Orissa
Law of Fixtures
Quic quid plantateur solo colo cedit
Quic quid inaedificatur solo solo cedit
Test
1. What is mode of annexation?
2. Object of the annexation?
3. Who annexed it?
Narayana das v. Jathindra Nath
Sirpur paper mills v. Commissioner of central excise
Duncan Industries Pvt. Ltd. V. State of U.P.
Nadesa Gramini v. Thangamani Gramini
P. Venugopal Pillai v. Thrunavukarasu
Jagish v. Mangal Pandey
Bomdev Panigrahi v. Manorama Raj
Firm Chothabhai Patel & Co v. State of M.P.
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s.3 Attestation
meaning
To prove, confirm, certify, affirm, to put to oath, bear witness, authentication
Object
Prevent fraud, misrepresentation, coercion
Comparison English law & Indian law
Essentials
What type of sign?
Wet signature
Electronic signature
Who cannot attest?
Agent, power of attorney, interested persons
Other provisions
Transfer of property (validation) Act,1917
Transfer of property (Amd) Act, 1929 to give retrospective effect
ss.68 & 90 of evidence act
S.63 of succession act
Kumar Harish Chandra Singh v. Bansidhar Mohanty
Bhagat Ram & Ors v. Suresh & Ors
Shammu Patter v. Abdul Kader
Sri Ramesh Chander v. Suresh Chander & Ors
M.L. Abdul Jabbar v. M.V.Venkata Sastry
Lala Kundan Lal v. Mushammet Mushrafi Begum
Sant Lal Mahtan v. Kamala prasad
Rao Ganga Prasad Singh v. Isturi Pershad Singh
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Notice
Object
Kinds of Notice
1. Actual
2. Constructive or implied
3. Imputed or Agent0
Bina Muralidhar Hamdev v. Kanhaiyalal Lokram Hamdev
Ahmedabad Municipal Corporation v. Haji Abdul Gafar
Danies v. Davison
Lloyd v. Bank (1868)
Lloyds Bank v. PF Guzdar (1930)
RK Mohammed v. Hajee abdul
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Actionable Claims
Essentials
Chose in action and chose in possession
Hypothecation, pledge
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s.5 Transfer of property
Absolute Transfer and specific transfer
Essentials
Nemo dat quad non habeat legum
State of West Bengal v. Kailash Chandra Nath
V.N. Sarin v. Ajith Kumar Poplai
N. Ramaiah v. Nagaraj S
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s.6 what may be transferred
Property of any kind may be transferred
Exceptions
1. Provisions of TP Act s.6 (a i)
2. Any other law time being in force
Spes successions (Expectation/possibility/probability)
Basantha Kumar v. Ram Shankar
Samsuddin v. Abdul Hussain
Meaning of Release, Reversion & reminder
Chalu v. Parmal
Gujar v. Auliya
English & Indian laws diference
(b) Right to re-entry
When: failure of condition subsequent
Reason: Person right
(c) Easement
Reason: legal incident cannot be transferred alone
(dominant heritage & servient heritage)
(d) Restricted Interest for personal enjoyment
Res extra commercium, Maintenance, pre-emption, contract
(e) Mere right to sue
Reason: Champerty and maintenance or gambling in litigation is against public policy
(f) Public office
(g) Government Office or political pension
Pension: Any periodical payment of money by Government
Exceptions
Foreign political pension, accrued money as pension, bonus or reward
What cannot be transferred is not transferable
1. Nature of interest (res communis)
2. Illegal consideration or object (s.23 of Contract Act)
3. Disqualified to be transferee
Who is qualified to be transferor? (Age of majority, Sound Mind and Ownership (entitled) or
authoried to dispose
Ref. s.7 or T.P & s.11 of Contract Act
Nagarathanaba v. Ramayya (1968)
Tenant having any untransferable right of occupancy
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s.8 Operation of Transfer
Essentials
Exceptions
s.10 Restriction on alienation
Absolute restraint is void but partial restraint is not
Reason
1. Economics the property must be in free circulation
2. Law alienation rei prafertur, jus accessendi (alienation is preferred by law rather than
accumulation)
Essentials
Exceptions
English Law & Indian Law
In re Macleuy
Four type of restrictions
1. 1. Restriction with respect to Money (consideration) void
Reason: previous owner cannot dictate such terms
Ex: to at particular price, Market price or Particular consideration
Rosher v. Rosher
Tiruchirapalli vartha Sangam v. Shanmuga Sundaram
Gayashi Ram v. Sahabuddin
Kelly v. Elliott
2. 2. Restriction relating to particular time void
Exception: short time period is coupled with benefit or option to repurchase by seller only
3. 3. Restrictions with respect to particular persons
Specific person - void
Family, community or class may valid
Deo d Gill v. Pearson
Attwater v. Attwater
Zorostrian Co-operative Housing Society Ltd. v. Dist. Registrar of Co-op society
Mohammed Ali Kajumdar v. Brikodar nath
4. 4. Restrictions with respect to purpose of use of property
Venkataramana v. Bramanamma
Muthuraman Chetttiar v. Ponnusami
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Conditions on enjoyment
s.11 Restrictions repugnant to interest created
if any conditions on enjoyment imposed such conditions alone void, remaining portion will subsist.
Essentials
Exceptions
S.31 condition subsequent such conditions are subject to s.12 valid
s.12 certain things cannot termed as condition
Object: property is subject to meet his debts, once the ownership transferred the transferor has no
control or benefit over the transferee property
But certain obligation can imposed on how to use the land, which is entirely different from s.31 & 12
s.40 Burden of obligation imposing restrictions on use of land (Restrictive covenants)
Covenant: An agreement creating an obligation contained in a deed
Essentials
Exceptions
1. Lease for the benefit of lessor
2. Covenant running with the land
Types
1. Positive / Affirmative/Personal covenant
2. Restrictive / Negative
Privity of estate:
Only parties to the contract of property can dispute or claim
Exception
1. When beneficial enjoyment attached to the land (s.11 para 2)
2. Burden attached to the Covenanter land, which is negative in character
Difference between
1. Positive and negative covenant
2. s.10 & s.11
3. s.11 & s.40
Austerberry v. Oldham Corporation
Tulk v. Moxhay
Marquis of Setland v. Driver
Chatur bhuj v. Mansukram
Halsall v. Brizell
Mathewson v. Ram Kani Singh
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s.13 Transfer for benefit of unborn person
en ventre sa mere (child in mothers womb)
nascitrus projam nato habetor
Objects
Essentials
Different between English and Indian Law
Hindu Disposition of property Act, 1916
Transfer or bequeath of property to unborn child it should be subject to the conditions mentioned in
ss.13 & 14 of TP Act
Remainder & Reversion
Putlibai v. Sawrobji Navroji
Tagore v. Tagore
Sopher v. General Administration of Bengal
Whitby v. Mitchel
Girish Dutt v. Data Din
T.V.Sathyanarayanadas v. Pyvoriyana
s.14 rule against perpetuity
Object: Liberty of alienation shall not be exercised to its own destruction
How created
1. Condition imposing against right of alienation s.10
2. Creation of Future interest in a property s.14
Essentials
Similarities between ss. 13 & 14
Difference between English & Indian Law
s.17 Direction for accumulation
Essentials
Exceptions
Difference between English & Indian Law
s.18 Transfer in perpetuity for the benefit of public
s.16 If prior interest fails future interest also fails
Principle: Limitation following upon a limitation void for remoteness
s.19 Vested Interest
Essentials
Additional essentials
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s.31 Contingent Interest
Essentials
Difference between Vested and Contingent Interest
s.25 Conditional Transfer
s.26 Transfer with condition of fulfillment
Essentials
Doctrine of cy prey (substantial compliance is enough)
Strict compliance
s.29 Fullfillment of condition subsequent
s.31Condition that Transfer that cease to have effect in case specified uncertain event happens or does
does not happen
s.27 Conditional transfer to one person coupled with transfer to another on failure of prior disposition
Doctrine of Acceleration: law leans in favour of earlier vesting
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Nemo dat quad not habeat legum (No one can convey a better title than he himself has)
Exceptions
s.35 Election
s.41 Ostensible Owner
s.43 Doctrine of feeding the grant by estoppel
s.35 Election
Principle
Essential
Modes of election (direct and indirect)
Difference between English and Indian Law
Cooper v. Cooper
Doctrine of Estoppel by Holding out
s.41. Ostensible Owner
Principle
Essential requirements
Who can be ostensible owner?
Who cannot be ostensible owner?
Benami Transactions
Bhim singh v. Kan Singh
Sarat Chander v. Gopal Chander
Mohammed Sulaiman v. Sakina Bibi
Rajani Kanthi v. Bashiram Mestari
Doctrine of feeding a grant by estoppel
s.43 Transfer by unauthorized person who is subsequently acquiring interest in the property acquired
Principle
Essentials for
1. Transferee and
2. Subsequent transferee
Viraya v. hanumantha
Difference between
English and Indian Law
ss.41 & 43
ss.6(a) & 43
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s.51 Improvements made by bonafide holders under defective title
Principle:
s.51 is exception to quic quid plantateur solo solo cedit (whatever planted on the land belongs to the
land)
Essentials
Rights of the Transfree
What can be considered as improvements?
What cannot be considered as improvements?
Doctrine of equitable acquiescence
Ramsden v. Dyson
Narayana Rao v. Basavappa
Difference between Equitable acquiescence and s.51
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Doctrine of Lis pendens
s.52 Transfer of property pending suit relating thereto
Objects
Other Statutes
1. Judgments Act, 1838
2. Land Charges Act, 1925
Essentials
Comparison Res Judicata and Pendent lite
What can be said as pendant lite?
What cannot be said as pendant lite?
Bellamy v. Sabine
Nissar Hussain v. Sundar Lal
Faiyaz Hussain Khan v. Prag Narain
Vinod Saluja v. Sita Rani
s.53 Fraudulent Transfer
Object
Essentials
1. Creditors
2. Subsequent transferees
Representative suit
Palamalai v. south Indian Export Co.
Mahasur Sahu v. Hakimlal
When creditors can set aside fraudulent transfers?
Remedies available for creditors?
Twyne case
Ebrahim v. Fullbai
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s.53A Doctrine of Part performance
Before 1929 Amd
Need for Amd.
TP (Amd) Act, 1929
Object
Essentials
Sardar Govindarao Mahadi v. Devi Sahai
Maddison v. Alderson
Nathulal v. Poolchand
Difference between English and Indian law
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Transfer of Interest in property (Absolute or limited)
s.54 Sale
1. Definition of sale
2. How sale made
3. Contract for sale
Essentials
s.55 Rights and Duties of Seller and buyer
Seller
Rights
1. Rents & profit till passing of ownership
2. Default in price, charge over property s.55(4) (b)
Duties
1. Disclose material facts
2. Allowing examining documents on request
3. Answers to all relevant question
4. Execute a proper conveyance
5. Care of property & documents between contract to sell and actual sale
6. Handover possession
7. Payment of Rent and public charges due till date of sale
Buyer
Rights
1. Entitled for the benefits of improvement
2. Charge over pre-paid purchase price
Duties
1. Disclose material facts increasing value of property
2. To pay purchase price
3. Bear loss or destruction after purchase
4. To pay charges and rent due on the property after ownership passes to him
Unpaid Vendors Lien (charge over property s.55(4) (b))
Essential conditions
Exception
Modes et conventio vincunt legum
Webb v. Macpherson
Haryana Financial Corporation v. Rajesh Gupta
Velayudam v. Govindasamy
