Professional Documents
Culture Documents
FRAUDULENT TRANSFER – S. 53
DOCTRINE OF PART PERFORMANCE –
S.53 A
• 1929 Amendment- before that law was not clear
• Rule u/s. 53-A
• Written & executed contract for transfer of immovable property
• Transfer for consideration
• Possession in furtherance of contract
• Already in possession – must do something in furtherance of
contract
• Transferee is willing to perform
• Nature of right – negative not positive
• No title or interest in property
• No right of action
• Rights of subsequent transferee – consideration & w/o notice
• English law – oral contract, right to take action
• 2001 Amendment – document which needs to be compulsorily registered
SALES OF IMMOVABLE PROPERTY –
SS.54-57
• Definition of Sale S. 54
• Transfer of ownership
• For price – money consideration
• Essentials of valid sale
• Competent parties
• Subject matter – existence
• Consideration – price
• Mode of transfer – conveyance
• When ownership is deemed to be transferred?
Seller’s Duties
• Before sale
• To disclose material defects in the property or title
• To produce the title-deeds for inspection
• To answer relevant questions as to title
• To execute conveyance
• To take care of the property and title deeds
• To pay the outgoings
• After sale
• To give possession to the buyer
• To covenant for title
• To deliver title deeds on receipt of the price
Seller’s Rights
• Before sale
• Entitled to all rents, profits or other benefits
• After sale
• Charge on property
Buyer’s Duties
• Before Sale
• To disclose facts which materially increases the value of property
• To pay the price
• After sale
• To bear the loss to the property
• To pay the outgoings
Buyer’s Rights
• Before Sale
• Chare on property for price paid
• After sale
• Entitled to all benefits
MORTGAGES OF IMMOVABLE
PROPERTY SS. 58-104
Meaning – S.58
• Transfer of an interest
• In a specific immovable property
• For the purpose of security of
• Payment of loan
• Payment of debt
• Performance of an engagement – giving rise to pecuniary liability
MISC. PROVISIONS
• Marshalling Securities S. 81
• Contribution S. 82
• Subrogation S. 92
• Prohibition of tacking S. 93
CHARGES : S 100
• Similar to mortgage but not mortgage
• Meaning
• Where immovable property made security
• For payment of money to another
• No transfer of interest
• Transaction not mortgage
• Types
• By act of parties
• By operation of law
• Extinction
• Release
• Novation
• Merger
• Rights
• Rights
• To enjoy accretions
• To avoid lease in case of destruction of property
• Too deduct cost of repairs
• To deduct outgoings
• To remove fixtures
• To remove crops
• To assign his interest
• Liabilities of lessee
• To disclose facts materially increasing the value of property
• To pay rent or consideration of lease
• To maintain the property
• To give notice to lessor of any encroachment on property
• To use or enjoy the property in a reasonable way
• Not to erect permanent structure without lessor’s consent
• To retransfer the possession on determination of lease
GIFTS: SS.122-129
• Definition of gift s. 122
• Essential elements of valid gift
• Donor and donee
• Transfer of ownership
• Property must be existing
• Transfer without consideration- monetary value
• Voluntarily – free conent
• Accepted by donee
• Mode of transfer
• Immovable property – registration, attestation
• Movable property – delivery of possession
• Exceptions-
• Gifts in contemplation of death
• Mohammedan law
• Condition subsequent
• Not depend upon solely the will of donor
• Must be a part of same transaction
B) Revocation as contract
PART-II
SUSPENSION OF EASEMENT S. 49
• Both tenements in possession of same person for limited period
REVIVAL OF EASEMENTS S. 51
• In case of destruction- if restored within 20 yrs
• In case of unity of ownership – court set aside such transaction
• In case of suspension – after completion of period
MEANING OF LICENCE S. 52
• Grant – express or implied
• To do or continue to do
• In or upon immovable property
• In absence of grant amounts to unlawful
• But not an easement
• Also not interest in the property
Nature of license
• Meaning
• Transfer of interest
• Nature of right
• Possession
• Heritability
• Transferabilty
• Right against trespasser
• Consideration