Transfer of Property Act
Dibrugarh University · LL.B. Semester 9 · B.A.,LL.B.: 9.4
Unit 1 — Introduction:
1.1 Definition, Object and Scope of the Act. · 1.2 Transfer of Property- movable and immovable. · 1.3 Interpretation Clause- „Immovable clause‟, „Instrument‟, „Attested‟, Registered, Attached to the earth, „Actionable claim‟, „Notice‟, Actually express and constructive notice. · 1.4 Vested and Contingent interest, Difference, Conditional Transfer, (5.25) Difference between Contingent interest and Spes-Successionis. - NORMS PART -
Unit 2 — Transfer of Property by Act of Parties:
2.1 Sec 5 – Transfer of Property defined · 2.2 Sec. 6- Spes-successionis, Mere right of re-entry, Easements, Restricted Interest, Right to future maintenance, Mere right to Sue, Pensions and stipends, · 2.3 Sec. 7- Persons competent to transfer, Easements of valid transfer, Competency of transfer. Sec. 8- Operation of transfer. Sec. 9- Oral transfer. Sec. 10- Conditions restraining alienation. · 2.4 Sec 13 – Transfer for benefit of unborn child, Sec. 14- Rule against perpetuity- Object, Maximum Remoteness of Vesting, Ultimate beneficiary in mothers‟ womb, Exceptions to the Rule. · 2.5 Sec. 26 to 29- Condition Precedent and Condition subsequent, Fulfilment of Condition Precedent and Condition subsequent · 2.6 Sec.35- Doctrine of Election.
Unit 3 — Transfer of Immovable Property
3.1 Sec.38- Transfer by person authorized only under certain circumstances to transfer. · 3.2 Sec.39- Transfer where third person is entitled to maintenance. · 3.3 Sec. 40- Burden of obligation imposing restriction on use of land or of obligation annexed to ownership, but not amounting to interest of easement. · 3.4 Sec. 41- Transfer by Ostensible Owner, Benami Transaction Act, 1988. Sec. 42- Transfer by person having authority to revoke former transfer, Sec 43 – Transfer by unauthorized persons Sec. 44 & 47, Transfer by Co-owner, Sec. 44-46, joint transfer for consideration, Sec. 48 & 78- Priority of Rights created by Transfer. Sec. 49- Transferee‟s rights under policy. · 3.5 Sec. 50-51- Bonafide holders under defective title. Sec. 52- Transfer of property during pendency of suit. (Doctrine of Lis Pendens). Sec.53- Fradulent Transfer, voidable by creditors. Sec. 53A- Doctrine of Part- Performance, Partial information of equity of redemption, difference between English and Indian Law. · 3.6 Relevant provisions of Indian Registration Act - FORMS PART -
Unit 4 — Sales of Immovable Property:
4.1 Sec. 54- Definition of Sale, how made, „Contract for sale‟, Essential of valid sale. · 4.2 Hire- purchase agreements, Distinction between sale and exchange, Distinction between sale and gift. · 4.3 Sec. 55- Rights and liabilities of buyer and seller. · 4.4 Sec. 56- Marshalling by subsequent purchase. · 4.5 Sec. 57- Provision by Court for incumbrances and sale freed thereform.
Unit 5 — Mortgages, Leases, Exchanges, Gift & Actionable Claims :
5.1 Sec. 58- Mortgages- Definition and Essential its kinds of Rights and Liabilities of Mortgagors and Mortgagees. Sec. 100- Charges- Definition and kinds- Distinction between charge and mortgage, charge and lien. · 5.2 Sec. 105- Leases – Definition of Lease, Lessor, Lessee, premium and rent. Sec. 107- How made Sec. Rights and Liabilities of Lessor and Lessee. Sec. 111- Forfeiture of Lease. Holding over, Determination of Lease. · 5.3 Sec. 118- Exchange- Definition, Rights and Liabilities of parties. · 5.4 Sec. 122- Gift- Definition and Essential. Sec. 123- Transfer how effected, modes of making gift. Sec. 124- Gift of existing and future property. Sec. 125- Gift to several of whom one does not accept. Sec. 126- When gift may be suspended & revoked. Sec. 127- Onerous gift. Sec. 128- Universal donee. · 5.5 Sec. 130- Transfer of Actionable claim,- Definition, Transfer how effected, Sec. 130 & 132- Rights of a transfer of an actionable claim. Sec. 133 & 134- Warranty of solvency of debtor, Mortgaged debt. Sec. 135- Assignment of rights under policy of insurance against fire. Referred Case Laws: 1. M. Ramkrishna Reddy V. Sub- Registrar, Bangalore, AIR (2000) Kant. 46. 2. Godrej and Boyee Manufacturing Co. Ltd. v State of Maharastra (2009) 5 Sec.24. 3. Kaliperumal V. Rajagopal, (2009) 4 Sec. 193. 4 C. Cheriathan V. P. Narayanan Embranthiri (2009) 2 Sec. 673 5. Vimal Chand Ghevarchand Jain V. Ramakanta Eknath Jadoo (2009) 5 Sec. 713.