UWIRINGIYIMANA Gilbert

Faculty of LAW

REG Number:18/8525
BAC III

PROPERTY LAW CAT III

1. a)In the following sections “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, 1[or to
himself] and one or more other living persons; and “to transfer property” is to perform such act.
According to the Act, 'transfer of property' means an act by which a person conveys
the property to one or more persons, or himself and one or more other persons. The act
of transfer may be done in the present or for the future.

b)The rule that a condition of absolute restraint is void, is founded also on the principle of public
policy allowing free circulation and disposition of property. It is only a condition which absolutely
restrains the transferee from disposing of the interest that is rendered void.

2. In general “property of any kind may be transferred’. There is however, a series of exceptions to
this, as enumerated under sub-sections (a) to (i), explained hereafter. It is interesting to note the
distinct similarity between these sections and those made by Section 60 of the Civil Procedure Code
as to the property which cannot be attached in the execution of a decree. Although there is this
similarity yet there is a difference between the exceptions made in this section and exceptions made
in Section 60. Certain things such as tools of artisans and necessary cooking vessels can be
transferred, yet they, under Section 60 of the Code cannot be attached.  Apart from the exceptions
made by the present section there are certain restrictions imposed by other laws on the power of
transfer. For e.g., restrictions in Hindu law against the transfer of coparcenary property.

3. (a) The provisions of Transfer of Property Act, 1882 in general do not allow the transfer of
property directly to an unborn person. Before discussing the concept further, let us understand the
meaning of unborn person in reference to this act. A person who does not have any current existence
but has a specific reference to one and who may be born in the future is considered to be an unborn
child or person. Even though a child in mother’s womb is simply not a person in existence, but has
been treated as a person under both Hindu Law and English Law. Therefore, it should be noted that
the term ‘unborn’, refers not only to those, who might have been perceived but not yet born, that is a
child in womb, but also includes those who are not even perceived. Whether they will be born at all
or not is all possibility, but a transfer of property is admissible to be effected for their benefit. After
understanding the meaning of the phrase “ unborn person”, now let us examine the concept enshrined
under section 13 of the Transfer of Property Act, 1882.
 (b) Contingent interest is provided in Section 21 of the Transfer of Property Act, 1882. 2. It is
an interest which is created in favour of a person where time is not specified or a condition of the
happening of a specified certain event.

4. (a) Black's Law Dictionary defines the rule against perpetuities as "[t]he common-law rule

prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years (plus a
period of gestation to cover a posthumous birth) after the death of some person alive when the
interest was created."

(b) The act-of-state doctrine or foreign act of state doctrine is a principle in English and
United States law which states that every sovereign state is bound to respect the independence of
every other sovereign state, and the courts will not sit in judgment of another government's acts or
act of any sovereign national.

5. For example, in real estate, a mortgage contract will have a condition precedent that an
inspection to assess the condition and value of the property must occur. ... The opposite of condition
precedent is condition subsequent, which defines conditions that must be met for either party to
exit from the contract. 

6. For the last four hundred years there have been those who have found Calvin's doctrine of election
to be a sign of the profundity of his thought, yet there have been equally as many who have found
Calvin's doctrine of election to be a mark of absurdity(Gerrish 49). James Arminius, for one, argued
that Calvin's predestination is "repugnant" to the justice of God because it affirms that God has
absolutely willed to save certain men without having the least regard to righteousness and
obedience(Arminius 624), and is "prejudicial" to man because it has been "pre-determined" that the
greater part of mankind shall fall into everlasting condemnation(Arminius 626).
7. Section 41 of the Act lays down that “when a person acts on the express or implied consent of a
person who is interested in an immovable property, the person who acts on such consent is
the ostensible owner of the property.” He possesses all the indicia of ownership like the right to
title, possession, documents etc.

8. The common-law doctrine of lis pendens says, if property was the subject of litigation, the
defendant-owner could transfer all or part of his or her interest in the property during the course of
litigation, but not to the detriment of the rights of the plaintiff.
 9. Behonest and open – good performance management relies on a good relationship.
 Keep it simple – keep the emphasis on development and performance, and keep the paper
work and process simple.
 Keep in touch – use mini-reviews to build towards a performance review.
 Make goals interesting, challenging and engaging – this is what really motivates people to
achieve.
 Pull together – align individual’s goals with team and organizational goals.
 Build on strengths more than correcting weaknesses – nobody is good at everything.
 Get the mix right – focus on complementary skills within your team.
 People like to perform! – believe it or not but people like to work, achieve, be praised, and
know that their contributions are valued.