Professional Documents
Culture Documents
3 Definition
immovable property
attached to the earth
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
Test
1. What is mode of annexation?
2. Object of the annexation?
3. Who annexed it?
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
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
------------------
Notice
Object
Kinds of Notice
1. Actual
2. Constructive or implied
3. Imputed or Agent0
Actionable Claims
Essentials
Chose in action and chose in possession
Hypothecation, pledge
-----------------
s.5 Transfer of property
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
----------------
s.6 what may be transferred
(c) Easement
Reason: legal incident cannot be transferred alone
(dominant heritage & servient heritage)
Exceptions
Foreign political pension, accrued money as pension, bonus or reward
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
----------------
s.8 Operation of Transfer
Essentials
Exceptions
s.10 Restriction on alienation
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
Rosher v. Rosher
Tiruchirapalli vartha Sangam v. Shanmuga Sundaram
Gayashi Ram v. Sahabuddin
Kelly v. Elliott
Venkataramana v. Bramanamma
Muthuraman Chetttiar v. Ponnusami
----------------
Conditions on enjoyment
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
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
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
---------------------------
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
How created
1. Condition imposing against right of alienation s.10
2. Creation of Future interest in a property s.14
Essentials
Essentials
Exceptions
Essentials
Additional essentials
-----------------
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
---------------------------
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
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
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
-----------------
Principle:
s.51 is exception to quic quid plantateur solo solo cedit (whatever planted on the land belongs to the
land)
Essentials
Ramsden v. Dyson
Narayana Rao v. Basavappa
------------------
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
Object
Essentials
1. Creditors
2. Subsequent transferees
Representative suit
Twyne case
Ebrahim v. Fullbai
---------------
Object
Essentials
-------
Transfer of Interest in property (Absolute or limited)
s.54 Sale
1. Definition of sale
2. How sale made
3. Contract for sale
Essentials
Seller
Rights
Buyer
Rights
1. Entitled for the benefits of improvement
2. Charge over pre-paid purchase price
Duties
Essential conditions
Exception
Modes et conventio vincunt legum
Webb v. Macpherson
Haryana Financial Corporation v. Rajesh Gupta
Velayudam v. Govindasamy