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Transfer Of Property Act

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Transfer Of Property Act
Dr. T.K. Jain.
AFTERSCHO☺OL
Centre for social entrepreneurship
Bikaner M: 9414430763
tkjainbkn@yahoo.co.in
www.afterschool.tk, www.afterschoool.tk
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Doctrine of Part-Performance

• Sec. 53 A transfer of property act


• There must be transfer, for consideration
(something in return).
• Reasonable terms
• Transferee must have taken possession of
the goods under part performance
• The transferee must be willing to perform his
part.
• The defendant (transferee) has the right to
protect his possession.
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Doctrine of Fraudulent Transfer

• Sec. 53 of T.P. Act


• Where the transfer is carried out so that
creditor does not get anything, it is called
fradulent transfer.This transfer is voidable.
However sec. 53(2) protects the rights of
transferee who has take goods in good
faith and for consideration.

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Property which cannot be
transferred
• (a) the chance of an heir apparent succeeding to an estate,
(heir)
• (b) A mere right of re-entry for breach of a condition
subsequent cannot be transferred to any one except the owner
of the property
• (c) An easement (path) can not be transfered apart from the
dominant heritage.
• (d) An interest is property restricted in its enjoyment to the
owner personally cannot be transferred by him.
• (e) A right to future maintenance in whatsoever manner arising,
secured or determined, cannot be transferred.
• (f) A mere right to sue cannot be transferred.
• (g) A public office cannot be transferred nor can the salary of a
public officer.
• (h) Stipends allowed to military, naval, air force and civil
pensioners of the Government and political pensions cannot be
transferred.
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Doctrine of Lis Pendens

• A property cannot be transferred, which is


under litigation in the court.

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Doctrine of Feeding the Grant
by Estoppel
• Suppose you don’t have property, yet you transfer it , later you
get the property, then you have to give it to the transferee.
Thus:
• 1. there was a representation, fraudulent or erroneous;
• 2. it was to the effect that the transferor is entitled to transfer
the immoveable property;
• 3. the transferor is found to have subsequently acquired the
interest which he professed to transfer;
• 4. the transfer of property was for consideration;
• 5. the transferee has not rescinded the contract;
• 6. the transferee acted in good-faith for consideration and
without notice of the rights under the prior transfer.

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example
• Suppose Ravi, who has separated from
his father Nanak, sells to Goti three fields,
X, Y and Z, representing that Ravi is
authorised to transfer the same. Of these
fields, Z does not belong to him, it having
been retained by father. However, Nanak
dies and the field comes to Ravi, and Ravi
will have to give it to Goti.

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Formalities of Transfer

• Sec. 54 says that to transfer immovable


property, you have to do the following:
2. Attestation (by at least 2 persons)
3. Registration
4. Notice (actual or constructive), (doctrine
of equitable notice).

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Transfer by Ostensible Owner
or Doctrine of Holding Out
• (i) the transferor is the ostensible owner;
• (ii) he is so by the consent, express or
implied, of the real owner;
• (iii) the transfer is for consideration, and
• (iv) the transferee has acted in good faith
taking reasonable care to ascertain that
the transferor had power to transfer.Thus
transferee can protect his rights.
• Sec. 41.
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Doctrine of Election

• Goti transfers his land to Double by a


documentin the same contract he asks
Double to transfer his Car to Goti, and by
another document Double has to transfer
his property to Bheru. In this case Double
is forced to transfer his car to Goti (same
instrument), but not forced to transfer his
property to Bheru.
• Sec. : 35, cooper & cooper

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