Transfer of Property Law
“Transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and others.” — Section 5, Transfer of Property Act, 1882
Unit Coverage
| Unit | Topics |
|---|---|
| Unit I — General Principles of Transfer | Movable vs immovable property, what may be transferred, restraints on alienation (s.10), transfer for the benefit of an unborn person (s.13), rule against perpetuity (s.14), vested vs contingent interest |
| Unit II — Election, Ostensible Owner, Lis Pendens, Part-Performance | Doctrine of election (s.35), ostensible owner (s.41), fraudulent transfer (s.53), lis pendens (s.52), part-performance (s.53A) |
| Unit III — Mortgages | Definition (s.58), kinds of mortgage, rights & liabilities of mortgagor & mortgagee, right of redemption (s.60), clog on redemption, marshalling & contribution, charge (s.100) |
| Unit IV — Sale, Lease, Exchange, Actionable Claims, Gifts | Sale (s.54), lease (ss.105–111), determination of lease & holding over (s.116), exchange (s.118), actionable claims (ss.130–131), gift (ss.122–129), onerous gift |
| Unit V — Law of Trusts | Trust, author, trustee & beneficiary, creation of a trust (three certainties), kinds of trusts, duties & liabilities of a trustee, fiduciary relations |
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