TRANSFER OF PROPERTY ACT
M. S. RAMA RAO B.Sc., M.A., M.L.
Class-room live lectures edited, enlarged and updated
TRANSFER OF PROPERTY 1929
By M S RAMA RAO B.Sc.,M.A.,M.L.,
Transfer of property
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.
Transfer of property
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 doctrine. Distinguish conditions precedent from conditions Write an essay on the 'doctrine of Election'. Discuss the law relating to Ostensible Owner. Discuss the doctrine of Lis Pendens. State & explain the principle of performance. 10.
Write Short Notes on :(a) Immovable Property (b) Attestation (c) Actionable Claim (d) Constructive notice (e) Direction for accumulation (f) Doctrine of Acceleration (g) Fraudulent Transfers. 11. Explain: i) Covenants annexed to land, ii) Feeding the Estoppel, iii) Improvement made by bonafide holder with defective title. 12. i) Define Sale.ii) What are the right and the liabilities of the Vendor & the Vendee ? 13. Explain the characteristic features of i) Simple Mortgage ii) Mort gage by conditional sale iii) Usufructuary Mortgage iv) English Mortgage v) Mortgage by deposit of title deed vi) Anomalous Mortgage.
14. What are the rights & liabilities of a mortgagee in possession. 15. ' Once a mortgage always a mortgage' Explain. 16. Discuss the doctrines of' Marshaling' &' Contribution'. Illustrate. 17. Explain: i) Subrogation ii) Tacking iii) 'Redeem up foreclose down'.
18. What is a lease? How is a lease terminated? Distinguish
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between a lease & a licence. 19. What are the rights & the liabilities of a lessor & a lessee? Define'Gift'.Explain i) Onerous Gift, ii) Universal donee.iii) Donatio mortis causa, iv) Exchange. 21. State the facts & the decision in (i) Marshall V 20.
Green (ii) Allcard V Skinner (iii) Tagore V Tagore (iv) Cooper V Cooper (v) Laxman V Kalicharan (vi) Bellamy V Sabine (vii) Ramsden V Dyson (viii) Maddison V Alderson (ix)TulkVMoxhay (x) Aldrich V Cooper
TABLE OF CASES
Preliminary Topics 1.2 Attestation Shamu V. Abdul Khadar
1.3. Immovable Property Marshall V. Green Holland V. Hodgson 1.4. Constructive Notice Thilak Devilal 's Case 1.5. Spes Successions Amrit Narayan V Gaya Allcard V walker...
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