Transfer of Property Act - Notes, Case Laws and Study Material

Transfer of Property Act - Notes, Case Laws and Study Material

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Transfer of Property Act, 1882
Transfer of Property Act, 1882 came into force on 1st July 1882. The Preamble of the Act lays down that it is an Act to define and amend the law relating to the transfer of property by the act of parties.

Important study material and case laws on the Transfer of Property Act – Click on the topics to Read 

Module 1  -  Introduction

  • General Introduction of the Act
  • History of the Act
  • Salient Features of the Act
  • Important Definitions Under the Act

Module 2  -  Kinds of Property

  • Movable and Immovable Property
  • Tangible and Intangible Property
  • Intellectual Property
  • Copyright - Patents and Designs
  • Trademarks
  • Geographical Indications

Module 3  -  Other Provisions 

  • Persons Competent to Transfer
  • Operation of Transfer
  • Oral Transfer

Module 4  -  General Principles of Transfer of Property

  • Alienation of Property
  • Transfer to an Unborn Person
  • Rule against Perpetuity
  • Direction for Accumulation
  • Vested Interest
  • Contingent Interest
  • Difference Between Vested and Contingent Interest
  • Conditional transfer
  • Doctrine of Election
  • Rule Relating to Apportionment

Module 5  - Transfer of Immovable Property

  • Transfer by Ostensible Owner (Doctrine of Holding-out)
  • Transfer by One Co-owner
  • Rule of Estoppel
  • Doctrine of Priority
  • Transfer of Property During Pendency of Suit (Doctrine of Lis Pendens)
  • Fraudulent transfer
  • The Doctrine of Part Performance

Module 6  -  Sales

  • 'Sale and Contract for Sale' - Meaning and Its Essentials
  • Right and liabilities of buyer and seller
  • Encumbrances and Court Sale
  • Marshalling by Subsequent Purchaser

Module 7  -  Mortgages

  • Meaning of Mortage and Its Essentials
  • Types of Mortgage
  • Rights and Liabilities of Mortgagor 
  • Rights and Liabilities of Mortgagee
  • Subsequent Mortgage
  • The Doctrine of Marshalling & Contribution
  • Doctrine of Subrogation
  • The Charges

Module 8  -  Leases

  • Lease Meaning and Its Essentials
  • Duration of Lease
  • Leases How Made
  • Rights and Liabilities of Lessor and Lessee
  • Determination of Lease
  • Exemption of Leases for Agricultural Purpose
  • Definition of the lease, lease how made
  • Concept of Easement
  • Difference between Lease and License

Module 9  -  Exchange

  • Exchange Meaning and Its Essentials
  • Rights and Liabilities of Parties
  • Exchange of Money

Module 10  -  Gifts

  • Transfer of Gifts Meaning and Its Essentials
  • Transfer of Gifts How Made
  • Gift of Existing and Future Property
  • Onerous Gift
  • Universal Donee

Module 11  -  Actionable Claims

  • Actionable Claims Meaning and Its Essentials
  • Transfer of Actionable Claims
  • Notice of Transfer of Actionable Claim

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