Preview

Property Act

Powerful Essays
Open Document
Open Document
29522 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Property Act
TRANSFER OF PROPERTY ACT

M. S. RAMA RAO B.Sc., M.A., M.L.
Class-room live lectures edited, enlarged and updated

Msrlawbooks

TRANSFER OF PROPERTY 1929

By M S RAMA RAO B.Sc.,M.A.,M.L.,

Page

1 msrlawbooks© Transfer of property

>>>>>

INTRODUCTION
Transfer of Property is the most difficult subject, next only to jurisprudence. The reason is that it deals with certain doctrines having their Origin in the Common Law of England, some totally alien to the Indian Concepts. The Transfer of Property Act 1882, was amended substantially in 1929. The student must lend much attention to the doctrines enshrined in the Act. An. attempt is made to present the subject with as much lucidity as possible. Case law is given its due place. No attempt is made either to exhaustively deal with the subject or to intensively probe into each doctrine. Wherever it is found essential, a comparative picture is drawn comparing the Indian Law with the English. Some topics especially on Gifts, Leases & Exchange. are too simple and easy to understand. Though the preliminary aspects relating to transfer, sale & Mortgage, are simple the various doctrines in their ramification present themselves to be formidable. A careful study should be made to understand the doctrines of "Rule against Perpetuities", of 'Election', of, Accumulation, of Acceleration, of "Ostensible Owner", of 'Lis Pendens', of "Feeding the Estoppel" of "Part Performance", "Marshaling & Contribution", of Subrogation, of Tacking etc. Illustrations should be analyzed.

Page

2 msrlawbooks© Transfer of property

>>>>>

QUESTIONS BANK
1. (1) Explain 'Transfer of Property' (2)' Absolute restraint on Transfer of Property is void Discuss. ' Property of any kind may be transferred' Discuss. (1) Explain the principles that govern transfers to Unborn persons. (2) Write a note on Contingent interest. 4. 5. 6. 7. 8. 9. (1) Discuss the doctrine of 'Rule against prepetuity'. (2) State the English Law of the

You May Also Find These Documents Helpful

  • Good Essays

    Australian Property Law

    • 63351 Words
    • 254 Pages

    Table of Contents d 5 Torrens Title Lan Introduction 5 Principle of Indefeasibility 5 Key Provisions (RP Act) 5 Deferred v immediate indefeasibility 6 Frazer v Walker 1967 6 Breskvar v Wall (1971) 7 What will attract indefeasibility? 8 Leases: 9 Mercantile Credits Ltd v Shell Co of Australia Ltd (1976) 9 Karacominakis v Big Country Developments (2000) 11 Mortgages: 11 Yazgi v Permanent Custodians Ltd (2007) 11 Volunteers 12 Bogdanovic v Koteff (1988) 12 Rasmussen v Rasmussen [1995] 13 Exceptions to Indefeasibility 14 Fraud Exception: 15 Loke Yew v Port Swettenham Rubber Co Ltd [1913] 15 Assets Co Ltd v Mere Roihi [1905] 16 Schultz v Corwill Properties (1969) 16 Russo v Bendigo Bank Ltd (1993) 17 The In Personam Exception 18 Bahr v Nicolay (No 2) (1988) 18 Mercantile Mutual Life Insurance Co Ltd v Gosper (1991) 20 Vassos v State Bank of South Australia (1993) 20 Special equity cases: 21 Personal equity and breach of trust: 22 Personal Equities and Mistake 23 OTHER EXCEPTIONS; OVERRIDING STATUTES 23 The Register, equitable interests and caveats 26 The Register 26 Bursill Enterprises Pty Ltd v Berger Bros Trading Co Pty Ltd 26 White v Betalli [2007] NSWCA 243 27 Equitable interests and unregistered instruments 27 Barry v Heider (1914) 19…

    • 63351 Words
    • 254 Pages
    Good Essays
  • Powerful Essays

    Constitutive Act

    • 9739 Words
    • 39 Pages

    AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF VIRTUAL ZONE, INC. The undersigned, being the Executive Vice President, Law and Administration, and General Counsel and the Secretary of NEW PLAYBOY, INC. (the "Corporation"), a corporation organized and existing under the laws of the State of Delaware, do hereby certify as follows: 1. The name of the Corporation is NEW PLAYBOY, INC. The date of filing its original Certificate of Incorporation with the Secretary of State was April 30, 1998. 2.…

    • 9739 Words
    • 39 Pages
    Powerful Essays
  • Better Essays

    Milroy v Lord (1862)� the donor in this case used an inappropriate document to pass the interest to the relevant donee, court's decision was that this could not be an effective transfer of shares since the document was wrong and did not comply with the requirements of the bank to constitute the transfer. Milroy is the first case that presents the three different ways that a voluntary settlement may occur. First, by declaration of self as a trustee, where there is no need to transfer the legal title. In case that the land involved is not registered; the transfer of the relevant legal title to trustees must be transferred by deed and comply with S.52 LPA 1925. In registered land the trustees will become legal owners ones the transfer is also registered and comply with S. 27 LRA 2002. The second available way is by an outright gift and, the third way is by appointing someone else a trustee where the transfer of the legal title is necessary. Another particularly crucial point from this case is that it clarifies that if a failure occurs by one of the above ways then the settlement will not succeed through the other methods. The settlement that will occur depends from the nature of property that the donor wishes to transfer. Milroy v Lord (1862), Re Fry (1946), Jones v Lock (1865) and finally Richards v Delbridge (1874)� all these cases although are four different types of property that needed…

    • 1612 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Property Law notes

    • 4794 Words
    • 20 Pages

    Gibbs v Messer  “the object is to save persons dealing with registered proprietors from the trouble and expense of going behind the register in order to investigate the history of their author’s title, and to satisfy themselves of its validity” pg 357 CB…

    • 4794 Words
    • 20 Pages
    Better Essays
  • Good Essays

    Enclosure Act

    • 341 Words
    • 2 Pages

    The Enclosure Act was passed to create more commerce for farmers and use the lands more rationally. The enclosure was good because it increased food production. The enclosure also began a capitalistic attitude in Europe. The Enclosure Act damaged the pheasant population. Before the enclosure of the land, there were strips of land poor farmers would farm. There was also common land farmers would use to allow their animals to graze. This system discouraged improvement and favored the small time farmers. When the enclosure happened the landlords consolidated their lands, they transformed the strips of land into block fields, and fenced up the common land.…

    • 341 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Land Law

    • 5091 Words
    • 21 Pages

    land UNIT 9- LEVEL 6 - LAND LAW SUGGESTED ANSWERS - January 2010 Note to Candidates and Tutors:…

    • 5091 Words
    • 21 Pages
    Powerful Essays
  • Better Essays

    This is to make sure that dalits who are also socially down trodden are not made to sell land to powerful upper caste through coercion or intimidation made to sell land to more powerful upper caste in a form of 'distress sale'. Thus to protect the interests of weaker sections, even the element of collusion was removed and if it is proved that the land is transferred willingly and without coercion, land is to be resumed by the state government and re-allotted to the members of SC. Refund of money paid in lieu of such transaction cannot be asked for. Such land cannot even be transferred or gifted to an institution. As the act is ab initio void, the transferor is considered equally guilty and Sec 175 makes it mandatory for ejection of both. The court may conclude the enquiry in a summary manner after giving a reasonable opportunity to the parties of being heard and pass an order within 3 months.…

    • 1196 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Strata Title in Malaysia

    • 5716 Words
    • 23 Pages

    in lieu of the legal transaction to transfer the ownership for strata title properties. The…

    • 5716 Words
    • 23 Pages
    Powerful Essays
  • Powerful Essays

    Although it is governed by principles of Muslim law, in case of any dispute, courts in India are required to apply principles of Indian statutory law. However, the complicated nature of the transaction has led to several difficulties in its interpretation. The general view of courts in order to determine the nature of any transaction is to look at the intentions of the parties to the transaction. But despite this, the Madhya Pradesh High Court, in the case of Mohammad Iqbal Khan & Ors. v. Late Manzoor Ahmad Khan & Ors., which is the latest judgement on the issue, distinguished between a simple hiba or gift and a hiba-bil-iwaz and stated that in reality the transaction was a sale. In furtherance of this position, the Bench held that as the value of the property, the subject-matter of the hiba-bil-iwaz, was more than ₹100, it must be effected by a registered instrument, otherwise it will be considered invalid. The Supreme Court however, has not had a chance to examine the nature of a hiba-bil-iwaz and the last case before the Hon’ble SC regarding such a transaction dates back to…

    • 2863 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    3. Datta, A Ed. (1983) Property Taxation in India New Delhi, Indian Institute of Public Administration.…

    • 8005 Words
    • 33 Pages
    Powerful Essays
  • Better Essays

    Republic Act No. 7160

    • 7476 Words
    • 30 Pages

    a. Hotel – a building, edifice or premises or a completely independent part thereof, which is used for the regular reception, accommodation or lodging of travellers and tourist and the provision of services incidental thereto for a fee.…

    • 7476 Words
    • 30 Pages
    Better Essays
  • Powerful Essays

    Alienation means transfer of property, such as gifts, sales and mortgages. Alienations have an added importance in Hindu law, as, ordinarily, neither the karta nor any coparcener singly, possesses full power of alienation over the joint family property or over his interest in the joint family property, though under the Dayabhaga School a coparcener has the right of alienation over his interest in the joint family property. In this project we are not concerned with the alienation of separate property, as every Hindu, whether governed by the Mitakshare School or any of its sub-schools or the Dayabhaga School has full and absolute power over it. Such alienation is governed by the Transfer of Property Act.…

    • 5976 Words
    • 24 Pages
    Powerful Essays
  • Powerful Essays

    Chadha, Purva., Hindu Family Property Law in India & Gender Inequality: An Analysis of Hindu Succession Act, 1956 Supreme Court Journal…

    • 9891 Words
    • 27 Pages
    Powerful Essays
  • Powerful Essays

    It is imperative to see the reason behind communality of the property during the marriage. As it can be understood the first aim of a marriage is to share the benefits, which is indicative of the fact that the success of one of the spouses is achieved by the contribution of the other. Accordingly, the law envisages the right to take their respective share from the common property in proportion to their contribution during the dissolution of marriage. So, the…

    • 2934 Words
    • 12 Pages
    Powerful Essays
  • Powerful Essays

    Transfer Tax

    • 5655 Words
    • 23 Pages

    The modes and mechanics of acquiring ownership and other real rights over property are fairly complex. One can gain, transfer and lose ownership on a number of ways. Under the New Civil Code (NCC), ownership may be acquired through: 1. 2. 3. 4. 5. 6. 7. 8. Occupation Intellectual creation Law Donation Tradition Contract Prescription Succession…

    • 5655 Words
    • 23 Pages
    Powerful Essays