Transfer of Property Notes | B.A. LL.B. (Five Year Course) Semester 7 | Mumbai University | munotes

Contents

Module I General principles of transfer of property

1. What Property Means, and Movable against Immovable Property 1
2. The Interpretation Clause: Attestation, Notice and the Words the Act Runs On 6
3. How the Act Is Arranged, and What It Does Not Cover 12
4. Transfer of Property Defined 17
5. What May Be Transferred 21
6. Persons Competent to Transfer 29
7. What Passes with a Transfer, and When Writing Is Required 33
8. Conditions Restraining Alienation, and Restrictions Repugnant to the Interest Created 38
9. Transfer for the Benefit of an Unborn Person 44
10. The Rule Against Perpetuity 49
11. Direction for Accumulation 55
12. Vested Interest and Contingent Interest 59
13. Conditional Transfers: Conditions Precedent and Subsequent 65
14. Election 72
15. Apportionment 78
16. Transfer by a Person Authorised Only in Certain Circumstances, and Property Charged with Maintenance 83
17. Restrictive Covenants: When an Obligation Runs with the Land 88
18. Transfer by an Ostensible Owner 93
19. Transfer by a Person Having Authority to Revoke a Former Transfer 98
20. Feeding the Grant by Estoppel 101
21. Transfers by Co-owners and by Persons Having Distinct Interests 106
22. Priority of Rights Created by Transfer, and Rent Paid to a Holder under a Defective Title 111
23. Improvements Made by a Bona Fide Holder under a Defective Title 116
24. Lis Pendens 121
25. Fraudulent Transfer 126
26. Part Performance 131

Module II Specific transfers: Sale, and Mortgage and Charge (Sections 54 to 104)

1. Sale Defined, and How a Sale Is Made 139
2. Rights and Liabilities of Buyer and Seller 144
3. Marshalling by a Subsequent Purchaser 151
4. Discharge of Incumbrances on Sale 155
5. Mortgage Defined, and the Six Kinds of Mortgage 159
6. How a Mortgage Is Made 164
7. The Right of Redemption, and Clogs on It 168
8. Accession, Improvements, Renewed Leases and the Mortgagor's Power to Lease 174
9. Rights and Liabilities of the Mortgagee 180
10. The Mortgagee in Possession 187
11. Priority, Contribution and Marshalling among Mortgagees 193
12. Subrogation, and the Abolition of Tacking 199
13. Suits for Foreclosure, Sale and Redemption 204
14. Charges 209

Module III Specific transfers: Lease, Exchange, Gift and Actionable Claims, and the Indian Easements Act 1882

1. Lease Defined, and How a Lease Is Made 214
2. Rights and Liabilities of Lessor and Lessee 219
3. Transfer of the Lessor's Interest, and Computing the Term 225
4. Determination of a Lease, Forfeiture and Relief 229
5. Exchange 236
6. Gift 240
7. Actionable Claims 246
8. What an Easement Is 252
9. Kinds of Easements 259
10. Acquisition of Easements, and Easement by Prescription 265
11. The Rights and Incidents of an Easement 272
12. Disturbance of Easements 278
13. Extinction, Suspension and Revival of Easements 283
14. Licences, and Licence against Lease and Easement 289

Module IV The Registration Act 1908 and the Maharashtra Stamp Act 1958

1. What the Registration Act Does, and the Registration Establishment 296
2. Documents of Which Registration Is Compulsory 301
3. Documents of Which Registration Is Optional 306
4. Time for Presenting Documents, and Delay 310
5. The Time from Which a Registered Document Operates 314
6. The Effect of Non-registration 318
7. The Rest of the Registration Act 323
8. The Maharashtra Stamp Act: What It Is For, and Its Definitions 329
9. Liability of Instruments to Duty 334
10. Kinds of Stamps and the Mode of Using Them 339
11. The Time of Stamping 344
12. Duty Payable by Whom 348
13. Adjudication as to Proper Stamp 352
14. Impounding of Instruments, and Admissibility in Evidence 357
15. Allowances for Stamps 363
16. Reference, Revision and Appeal 369
17. The Rest of the Maharashtra Stamp Act 374