Where,

on a transfer of property,
an interest therein is created in favor of
such member only of a class as shall attain a
particular age,
such interest does not vest in any
member of the class who has not attained
that age.
Where,
on a transfer of property,
an interest therein is to accrue to a specified
uncertain event shall happen,
and no time is mentioned for the
occurrence of that event,
the interest fails unless such event happens
before, or at the same times as,
the intermediate or precedent interest
ceases to exist.
Where a person professes to transfer property
which he has no right to transfer,
and as part of the same transaction confers
any benefit on the owner of the property,
such owner must elect either to confirm such
transfer or to dissent from it;
and in the latter case he shall relinquish the
benefit so conferred,
and the benefit so relinquished shall revert to
the transferee or his representative as if it had
not been disposed of,
 1. Where a person professes to transfer
property which he has no right to transfer,
2. As a part of the same transaction confers
any benefit on the owner of the property,
3. Such owner must elect either to,-
(a) confirm such transfer, or
(b) to dissent from it.
 4. If he dissents from it, he shall relinquish
the benefit so conferred,
5. The benefit so relinquished shall revert to
the transferor or his representative as if it
had not been disposed of.
6. If the transfer is gratuitous, and the
transferor has, before the election, died or
otherwise become incapable of making a
fresh transfer,
 (6) and in all cases the transfer is for
consideration,
(7) to the charge of making good to the
disappointed transferee the amount or value
of the property attempted to be transferred
to him.
 Exceptions:
Mode of Election: Express or implied form of
conduct.
But if the owner simply accepts the benefit
without expressing anything in words, it is
presumed that he has elected in favor of the
transaction provided-
(i) he is aware of his duty to elect, and
(ii) reasonable prudent mans act in the
circumstances.
(iii) if he waives inquiry under the
circumstances.
 In two circumstances, there is presumption
that he has knowingly accepted the benefit:-
(1) Two years enjoyment without doing any
act to express dissent.
(2) Impossibility:
Eg: A transfer to B an estate to which C is
entitled, and as part of the same transaction
gives C a coal mine.
C takes possession of the mine and exhausts
it.
He has thereby confirmed the transfer of the
estate to B.
In the absence of a contract or local usage to the
contrary, all rents, annuities, pensions, dividends
and other periodical payments in the nature of
income shall;
upon the transfer of the interest of the person
entitled to receive such payments, be deemed;
as between the transferor and the transferee,
to accrue due from day to day, and to be
apportionable accordingly, but to be payable on
the days appointed for the payment thereof.
Where, with the consent,
express or implied,
of the persons interested in immovable
property,
a person is the ostensible owner of such
property and transfers the same for
consideration,
the transfer shall not be voidable on the
ground that the transferor was not authorized
to make it:
 Provided that the transferee,
after taking reasonable care to ascertain that
the transferor had power to make the
transfer,
has acted in good faith.
 The following are not in the category of
ostensible owners:
1. A manager in possession of property.
2. A licensee in possession of property.
3. A menial servant in occupation of property.
4. A professed agent.
5. A manager or trustee of an idol.
6. A donor who has not reserved to himself
any power of revocation of the gift deed.
7. A co-sharer in occupation of joint family
property.
8. A mahant of a maths property.
This section comes into play when the rights
of two innocent parties come into conflict i.e.
the actual owner of the property and the
innocent purchaser.
Eg., If a property is owned by A but B is allowed
to appear as owner in the eyes of the public
and taking advantage of his appearance he
sells the property to a bonafide purchaser.
The owner has rendered the fraud by B
possible by holding out B as the owner,
therefore, he has to suffer.
However, the onus is on the transferee to show
that he purchased the property for value and
in good faith without the knowledge of the
real state of the title.
 Sale is a transfer of ownership in exchange
for a price paid or part-paid and part-
promised.
Transfer of ownership: Ownership is an
absolute interest in the property. There is
transfer of all rights in the property sold.
Ownership means bundle of all the rights and
liabilities of property.
 Essentials elements of a Sale:
(1) Parties:
There must be at least two parties in a sale.
The person who transfers the property is
known as transferor or seller or vendor.
The person purchasing the property known as
transferee, purchaser or vendee.
 For Constituting a valid sale, both the seller
and purchaser must be competent on the
date of sale.
The seller must be competent to contract i.e.,
he must be of sound mind and must have
attained the age of majority.
Besides that he must be the owner of the
property which he is going to sell.
He must have a legal title then only he can
sell a property. Eg., a tenant cannot sell the
tenanted property.
 The purchaser must not be disqualified by
any law for the time being in force from
purchasing a property.
Eg., U/S.136 of the TPA, a Judge, a legal
practitioner or an official of court is
incompetent to purchase actionable claims.
The seller and buyer may be natural persons
or juristic persons, for example, corporations
or other legal persons.
Sale through Power-of-Attorney:
The Plaintiffs husband died. She executed a
power-of-attorney in favor of her brother-in-
law(defendant) authorizing him to pursue
litigation against her.
Her intention was to give him only the special
power of attorney.
She was illiterate unknowingly she executed a
general power-of-attorney.
The defendant took undue advantage of this
fact.
Fraudulently he alienated her property in favor
his son.
The Plaintiff could produce evidence to show
fraud and claim under proviso(1) to S.92,
Evidence Act, 1872.
The Court held that the sale transaction was
void ab initio.
 Subject matter: The TPA deals with the
transfer of immovable property only.
The sale of Goods Act, 1930 deals with sale
of movable properties.
Money-Consideration:
Price is the essential element of a sale.
At the time of contract of sale the price must
be ascertained for which the property is
going to be ascertained.
In case of an agreement to sell immovable
property, the law requires that it must be with
certainty identify the property agreed to be
sold and the price fixed as consideration paid
or agreed to be paid.
For the validity of a sale, inadequacy of
consideration is not any relevant factor.
The consideration must be reasonable, where
the consideration is found to be too low or
illusory, the Court may infer fraudulent or
sham transfers.
The Court may even presume fraud, coercion
or mistake and the sale may be invalidated on
any of these grounds.
Payment of price is not a necessary condition
for the validity of a sale.
The real test in the sale is the intention of the
parties.
They must intend to transfers the ownership of
the property and they must also intend that
the price would be paid either in present or in
future.
The intention is to be gathered from the recital
in the sale deed, conduct of the parties and
the evidence on record.
 Conveyance:
Delivery of Possession: Where the property is
tangible immovable property of the value less
than Rs.100/- then the transfer may be made
either by a registered instrument or by
delivery of the property.
In case of the sale of the propertys value is
less than Rs.100/- then the registration of
that sale is an optional. But if that value is
greater than or equal to Rs.100/- then it is
mandatory.
 Contract for sale:
S.54 says that a contract for the sale of
immovable property is a contract that a sale
of such property shall take place on terms
settled between the parties.
It does not of itself create any interest in, or
charge on, such property.
 They can be categorised into two:-
(i) Before completion of sale.
(ii) After completion of sale.
Before completion of Sale:
(1) Sellers liabilities:-
(a) To disclose all material defects.
(b) To produce title-deeds for inspection.
(c) To answer questions as to title.
 (d) To execute a proper conveyance.
(f) To take care of property and title deed.
(g) To pay public charges and rent accrued.
Sellers Rights:
(a) To take rents and profits till the sale has
been executed.
Buyers Liabilities:-
(a) To disclose facts materially increasing value
of property.
(b) To pay the price.
If the owner of two or more properties mortgages
them to one person and
then sells one more of the properties to another
person,
the buyer is, in the absence of the contrary,
entitled to have the mortgage-debt-satisfied out
of the property or properties not sold to him,
so far as the same will extend,
but not so as to prejudice the rights of the
mortgagee or persons claiming under him or of
any other person who has for consideration
acquired an interest in any of the properties.
 (1) If the owner of two or more properties,
(2) mortgages them to one person and sells
one or more of the properties to another
person,
(3) the buyer is entitled to have the
mortgage-debt satisfied out of the property
or properties not sold to him (subject to the
contrary contract) so far as the same will
extend
 (4) But this will not prejudice the rights of-
(a) The mortgagee, or
(b) Persons claiming under him, or
(c) Of any other person,
Who has for consideration acquired an
interest in any of the properties.