Immovable Property:- Section 3 of the T.

P Act defines the term Immovable property but the definition is

neither clear nor complete. It simply says that immovable property excludes standing timber,
growing crops or grants. it is not clear as what it includes, so we have to depend upon the General Clauses Act
1897.According to Section 4 of the General Clauses Act, immovable property includes land, benefits to arise
out of land and things attached to the earth.
Hence the definition of the immovable property which is defined in the General Clause Act is
applicable to the Transfer of Property. In order to get clear and complete meaning of the immovable property
it is necessary to consider the definitions given in section 3 of the Transfer of property and as well as
definition given under the General Clause Act.
On the basis of the definition given in the both the Acts the expression immovable may be defined properly in
the following words: Immovable Property includes: -
1:-Land:- land means surface of the earth. It includes everything upon the surface of the land, under the surface
of land and also above the surface of the land. Anything upon the land, so long as it is not removed from there,
shall be part of the land. For example: Soil, mud,
2:- Benefits to arise out of land:- Besides land, the benefit which a person gets from land, is also an immovable
property. One way get the benefit from the land under some right.,
3: - things attached to the earth, i.e., i. Things embedded to the earth, ii. Things attached to what is so embedded
in the earth, iii. Things rooted in the earth except: a. Standing timber b. growing crops c. growing grass.

Rule against perpetuity :- Section 14 of the T.P Act provides that in a transfer of property, vesting of interest
cannot be postponed beyond the life of last preceding interest in the living person or persons and the minority of
the ultimate beneficiary. Perpetuity means indefinite period. Rule against perpetuity is the rule which
is against a transfer making the property inalienable for an indefinite period or forever. Where a property is
transferred in such a way that if becomes non-transferable in future for an indefinite period, the property is tied
up forever. This disposition would be a transfer in perpetuity. In any disposition, perpetuity may arise in two
ways: (a) by taking away from the transferee his power of alienation and, (b) by creating future
remote interest. The essentials of the rule against perpetuity as given in this section are as follows: 1. There is
transfer of property 2. The transfer is for the ultimate benefit of an unborn person who is given absolute interest
3. The vesting of interest in favour of ultimate beneficiary is preceded by life or limited interest of living person
or persons. 4. The ultimate beneficiary must come into existence before the death of the last preceding living
person. 5. Vesting of interest in favour of ultimate beneficiary may be postponed only up to the life or lives of
living persons plus minority o ultimate beneficiary; but not beyond that.
Exceptions to Rule against Perpetuity:- The rule against perpetuity is not applicable in the following cases:-
(a) Transfer for the benefit of public:-Where the property is transferred for the benefit of public in
thea dvancement of religion, knowledge, commerce, health safety or any other object beneficial to mankind, the
transfer is not void under the rule against perpetuity.
(b)Personal agreement:-Personal agreements which do not create any interest in property are exempted from the
rule against perpetuity. Rule against perpetuity is applicable only to a transfer of property.

Vested interest (Section -19):- Vested in interest means present right to future possession of property, Vested
interest means interest created in favour of person which is not subject to happening of an event or if subject to
the happening of an event, then such event is bound to happen.
Contingent interest:- Contingent interest means interest, created in favour of person, which will
take effect on happening or non-happening of specified uncertain event

Basis Vested Contingent

Condition It does not depend on fulfillment of any It depends upon fulfillment of condition.
condition.
Right & It present immediate right but its Right of enjoyment accrues on happening
Enjoyment enjoyment may be postponed to some of an event which is uncertain.
future date.
Transferee’s Death It is not defeated by death of transferee It is defeated by death of transferee
Transferability It is transferable and heritable Contingent interest is non transferable
Ostensible owner:- Section 41 of the transfer of property act is one of the exceptions of the general rule of
transfer of property that “no person can transfer a better title to the property then he has himself”.There is no
doubt that under section 41 a person can transfer better title to the property then he has himself. The Ostensible
owner is not the real owner of the property but he has all the indicta of ownership and looks like a real owner of
the property. Transfer by Ostensible Owner: Where, with the consent, express or implies, of the persons
interested in immovable property, a person is the ostensible owner of such property and transfer the same for
consideration, the transfer shall not be voidable on the grounds 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.

Doctrine of ‘LisPendens’:-The law incorporated in Section 52 is based on the doctrine of lispendens. ‘Lis’
means ‘litigation’ and ‘pendens’ means ‘pending’ so, lispendens means‘pending litigation’. The
doctrine of lispendens is expressed in the well known maxim; pendent lite nihil innoventure, which means
‘during the pendency of litigation nothing new should be introduced’ under this doctrine, the principle is
that during pendency of any suit regarding title of a property, any new interest in respect of that property should
not be created. Creation of new title or interest is known as a transfer of property. Therefore in essence, the
doctrine of lispendens prohibits the transfer of property pending litigation.
Provision of section 52:- the doctrine of lispendens as laid down in section 52is as follows:
(a) During the pendency of suit or proceeding.
(b) Property cannot be transferred or otherwise dealt with, and
(c) If so transferred the transferee is bound by the decision of the court whether or not he had notice of the suit
or proceeding.
Essential conditions for application of section 52:- Following conditions are necessary for the
application of the doctrine of lispendens as provided in section 52:
1. There is a pendency of a suit or proceeding.
2. The suit or proceeding must be pending in a court of competent jurisdiction.
3. A right to immovable property is directly and specifically involved in thesuit.
4. The suit or proceeding must not be collusive.
5. The property in dispute must be transferred or otherwise dealt with by anyparty to suit.
6. The transfer must affect the rights of the other partly to litigation.

Sale:- Section 54 of the transfer of Property Act (IV of 1982) defines sale as under :
"Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.
The essential elements of a sale are:
1:- parties to a sale;- The parties to a sale are–the transferor who is called a seller, and the transferee known as
the buyer. A contract of sale must be based on a mutual agreement between the seller and the buyer.
2:- subject mater of sale;- There must be a subject-matter of sale. Transfer of Property Act deals with sale of
immovable property. Immovable property may be either tangible, such as land, house, things attaches to earth,
etc.
3:- price or consideration;- Price or money consideration—Price is an essential ingredient of a sale. A sale is a
transfer of ownership in exchange of money. Payment of price is not necessary for completion of the transfer
but its reference is necessary.
4:- mode of execution of sale:-In sale, property must be transferred from seller to purchaser. According to
Section 54 there must be a registered conveyance
Sale How Made :- Such transfer, in the case of tangible immovable property of the value of one hundred rupees
and upwards, or in the case of a reversion or other intangible thing, can be made only by a registered
instrument. In the case of tangible immovable property of a value less than one hundred rupees,
such transfer may be made either by a registered instrument or by delivery of the property. Delivery of
tangible immovable property takes place when the seller places the buyer, or such person as he directs, in
possession of the property.
Rights of Mortgagor:- Every mortgage-deed leaves a right to the mortgagor and a corresponding liability for
mortgagee and vice versa. Following are the rights given to a mortgagor given by the Transfer of Property Act,
1882:
1.Redeem Of Property (S. 60)
2. Obligation to transfer to third party instead of re- transference to mortgagor (S. 60A)
3. Right to inspection and production of documents (S. 60-B)
4.Accession to mortgaged property (S. 63)
5.Mortgagor’s Power to Lease (S. 65-A)
6.Waste by mortgagor in possession (S. 66)
7.Improvements to mortgaged property (S. 63-A)
Duties or Liabilities of Mortgagor:-
1. The mortgagor must indemnify the mortgagee for the defective title to the property.
2. The mortgagor must compensate the mortgagee for payment of all taxes and public charges. Similarly
when the property the mortgagor must pay all taxes and public charges.
3. When the mortgaged property is leased, the mortgagor must direct the rent payable under the lease, etc.,
to the mortgagee.

Right of mortgagor to redeem:- Section 60, Transfer of Property Act provides that At any time after the
principal money has become due, the mortgagor has a right, on payment or tender, at a proper time and place, of
the mortgage-money, to require the mortgagee
(a) to deliver to the mortgagor the mortgage-deed and all documents relating to the mortgaged property which
are in the possession or power of the mortgagee,
(b) where the mortgagee is in possession of the mortgaged property, to deliver possession thereof to the
mortgagor, and
(c) at the cost of the mortgagor either to re-transfer the mortgaged property to him or to such third person as he
may direct, or to execute and (where the mortgage has been effected by a registered instrument) to have
registered an acknowledgement in writing that any right in derogation of his interest transferred to the
mortgagee has been extinguished:

Lease:- Under Section 105 of Transfer of Property Act : A lease of immovable property is a transfer of a right
to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price
paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically
or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
Distinctions between Lease and Licence:
1. A lease is a transfer of an interest in a specific immovable property, while licence is a bare permission,
without any transfer of an interest.
2. A lease creates an interest in favour of the leassee with respect of the property, but a licence does not create
such an interest.
3. A lease is both transferable and heritable, a sub tenancy can be created by the tenant and on the death of the
tenant, the tenancy can be inherited by his/her legal heir, whereas, licence is neither transferable nor heritable.
4. A licence comes to an end with the death of either the grantor or the garantee, since it is a personal contract,
but a lease does not comes to an end on either the death of the grantor or grantee.
5. A licence can be withdrawn at any time at the pleasure of the grantor but the lease can come to an end only in
accordance with the terms and condition stipulated in the contract of tenancy agreement.
Determination of lease:- Section 111 states about the determination of the lease, which lays down the ways in
which lease is terminated:
1.Lapse of time – When the prescribed time of the lease expires, the lease is terminated.
2.Specified event – When there is a condition on time of lease depending upon a happening of an event.
3.Interest – Lessor’s interest to lease the property may cease, hence resulting in the termination of the lease.
4.Same owner – When the interest of both lessor and lessee are transferred or vested in the same person.
5.Express Surrender – This happens when the lessee ceases to have an interest in the property and comes into a
mutual agreement with the lessor.
6.Implied Surrender – When the lessee enters into a contract with another for the lease of property, this is an
implied surrender of the existing lease.
7.Forfeiture – There are three ways by which a lease can be terminated:
8. Expiry of Notice to Quit
Forfeiture: – There are three ways by which a lease can be terminated:
1.When there is a breach of an express condition by the lessee. The lessor may get the possession of the
property back.
2.When lessee renounces his character or gives the title of the property to a third person.
3.When the lessee is termed as insolvent by the banks, and if the conditions provide for it, the lease will stand
terminated.
Forfeiture :- Section 111(g) provides "by forfeiture; that is to say,
(1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re-
enter; or
(2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in
himself; or
(3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of
such event; and in any of these cases the lessor or his transferee gives notice in writing to the lessee of his
intention to determine the lease :"
Merger :- In case the interest of lessee and the lessor in whole of the property become vested at the same time in
one person in the same right. So Section 111(d) of Act deals with doctrine of merger. When two estates merge
into one or unite, it is called merger. If the lessee purchases the lessor's interest, the lease is relinquished as the
same person cannot at the same time be both landlord and tenant. The doctrine of merger is based on principle
of union of two conflicting interests which cannot be held by one person at the same time.

Gift may be suspended or revoked:- Section 126 of the Act lays down as to when a gift may be suspended or
revoked. The gift may be suspended or revoked by agreement between the donor and the donee and on the
happening of any specified even which does not depend on the will of the donor. A gift revokable at the donor's
pleasure is no gift at all.
When gift is revoked wholly or in part at the mere will of the donor, the gift is void.
The donor cannot revoke gift at his will and pleasure but he had to get it set aside in court of law by putting
such pleas as bear on the invalidity of the gift deed.
A gift of certain properties was executed in lieu of the past and future services rendered to by donee to donor.
But for future services by donee to donor as condition to failure of it, the gift deed will be revoked was not
mentioned as a condition in gift deed. It was unconditional and cannot be revoked

Actionable claim.:- Section 3 of T.P. Act defines actionable claim. Formerly, any claim which could be
recognized by the Courts affording grounds for relief was an actionable claim."Actionable claim means a claim
to any debt other than a debt secured by mortgage of immovable property or hypothecation or pledge of
immovable property or to any beneficial interest in movable property not in the possession, either actual or
constructive, of the claimant, which the civil courts recognize as affording ground for relief whether such debt
or beneficial interest be existent, accruing, conditional or contingent." (Section 3).
Actionable claims therefore include : Claims. –
(1) as to unsecured debts, or
(2) as to beneficial interest in movable property.
Mode of Transfer of Actionable Claims :- Section 130 of Act provides regarding mode of transfer of
Actionable claims as:-
"(1) The transfer of an actionable claim whether with or without consideration shall be effected only by the
execution of an instrument in writing signed by the transferor or his duly authorised agent, shall be completed
and effectual upon the execution of such instruments, and thereupon all the rights and remedies of the
transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the
transfer as is hereinafter provided be given or not :
(2) The transferee of an actionable claim may, upon the execution of such instrument of transfer as aforesaid,
sue or institute proceedings for the same in his own name without obtaining the transferor's consent to such suit
or proceeding and without making him a party thereto.

Receiver:- receiver, who is appointed under Transfer of Property Act, is a special receiver, and he is appointed
for a particular purpose. Following persons can be appointed as receiver;
(a) Any Person, who has been named in Mortgage-deed
Mortgagee can appoint any person as receiver when such person has been named in mortgage-deed and is
willing and able to act as receiver.
(b) Any person to whose Appointment Mortgagor Agrees
If no person has been named in mortgage-deed or if all persons, who have been named in mortgage-deed, are
unable or unwilling to act or are dead, mortgagee can appoint any person to whose appointment mortgagor
agree.
(c) Any Person Appointment through Court
If mortgagor does not agree to appointment of any person as receiver by mortgagee, mortgagee is entitled to
apply to court of appointment of receiver.
Rights:- the receiver has following rights -
(1) to institute and defend suits
(2) to realize, manage, protect, preserve and improve the property,
(3) to collect, apply and dispose of the rents and profits.
(4) to execute documents; and
(5) such other powers as it Court thinks fit.

Easements:- The concept of easement has been defined under Section 4 of The Indian Easements Act, 1882.
According to the provisions of Section 4, an easementary right is a right possessed by the owner or occupier of
the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the
land. This right is granted because without the existence of this right an occupier or owner cannot fully enjoy
his own property.
Essential element:-
1. Dominant and servient heritage.
2. No easement in gross.
3. Dominant and servient heritage must be separate
4. It is a fractional right
5. Easement is not personal right
6. No right for servient owner
Types of Easement: - There are four types of easement Section. 5 of Easement Act deals with the types of
easement. It provides that the easements are either continuous or discontinuous ,apparent or non apparent.
A) Continuous Easement - A continuous easement is one whose enjoyment is, or may be, continual without the
act of man.
B) Discontinuous easement - A discontinuous easement is one that needs the act of man for its enjoyment.
C) Apparent easement - An apparent easement is one the existence of which is shown by some permanent sign
which, upon careful inspection by a competent person, would be visible to him.
D) Non-apparent easement - A non-apparent easement is one that has no such sign.
Things included in immovable property:-
a) A right to ferry.
b) A right to way.
c) Right to collect rent of an immovable property.
d) A right to catch and carry away fish.
e) Hereditary offices i.e., office of a hereditary priest of a temple.
f) Right to collect dues from holding a fair on a piece of land.
g) Right to collect lac from trees.
h) Right of redemption of mortgaged property.
i) Reversion in property leased.
j) A factory
k) The interest of a mortgagee in immovable property.