Student Code: 1064

Name of the course of the exam: Property Law

Number of the test: 1
Date of the examination: 24 Feb 2022
 PART – A

Answer 1:

Issue :
Classification of property as movable or immovable property.
Rule :
Section 3 (1):
Defines immovable property as anything that does not include standing
timber, growing crops or grass. This includes land, things rooted in earth, things embedded in
earth for its permanent beneficial enjoyment.
Test for immovability as defined in the case of Abbu Achair vs Custodian Evacuee property
is whether or not the thing rests by its own weight on earth and whether it can or can’t change
place from one place to another.
Analysis :
 Emerald ring
The Emerald ring is clearly not tied to the soil in any way and may be moved without
inflicting significant damage to it. Thus it is a movable property.
 House
House is a design inserted in earth and lays on its own weight and can't be moved
starting with one spot then onto the next. Thus it can be classified as immovable
property.
 Sugarcane Crop
As referenced above, developing harvest doesn't characterize as steadfast property.
The goal of developing yields is certifiably not a drawn out expectation. It is to
receive rewards inside a brief time frame rather than fixing it in the land forever like
on account of house. Thus it is considered as movable property.
 Right to fish and ferry
The right to fish in a lake is regarded to be part of the land's advantages. Water can be
regarded a component of land if it is not for a brief period of time but rather for a
prolonged period of time, such as lakes and ponds. Profit a prendre, or profit coming
from land, can also be used to the right to ferry. Thus they are considered as
immovable properties.
 His 5 year old son
X cannot clarify his 5 year old son as property. He can only transfer the guardianship
rights not absolute rights o son. Thus he cannot be considered as property living
entities like cattle, pets can be considered as movable property but not his 5 year old
son. Thus he cannot be classified as property.

Conclusion:

Immovable properties
 House
 Right to fish in lake
 Right to ferry
Movable properties
 Sugarcane crop
 Emerald ring
And Son cannot be considered as property.
Answer 2:

Issue:

Is it possible for B to inherit her father's property after taking into account the idea of
surrendering her rights?

Rule:

Unless otherwise authorised by this Act or any other legislation in force at the time,
property of any sort may be transferred under Section 6 of the TOPA of 1882.
(a) The likelihood of an heir-apparent inheriting an estate, the chance of a relative
inheriting a legacy when a kinsman dies, or any other similar possibility cannot be
transferred.

Analysis:

C is A's daughter, and she agreed to give up her inheritance claim in exchange for
Rs. 1,00,000/-. Furthermore, according to the interpretation of Sec 6(a), a person cannot
transfer or renounce the right to inherit property in the future or the right to receive a legacy
upon the death of a kinsman, and even if he could, he would not be bound by such a transfer
or renunciation because it is expressly prohibited. As a result, we could conclude that this
transaction is invalid ab initio under the spes succession rule if we follow these lines of
reasoning. The judicial interpretation, on the other hand, is on a separate track.

Conclusion:

And A paid a consideration of 1,00,000/- to C. hence, C has no right to ask for the share in
the property.

Answer 3:

Issue:

Is it legal for A to transfer property? Who has the authority to take the property and who does
not?

Rule:

Section 13 of the Act - When an interest in property is created for the benefit of a person who
does not exist at the time of the transfer, subject to a prior interest created by the same
transfer, the interest created for the benefit of such person does not take effect unless it
extends to the entirety of the transferor's remaining interest in the property.

Section 16 of the Act - Any interest generated in the very same transaction and intended to
take effect after or upon the loss of that previous interest fails if any of the rules in sections
13 and 14 lead an interest created for the benefit of a person or a class of persons to fail in
respect of that person or class.
Analysis:

Stogton vs Loe

In this case, the property was transferred for the life interest of an unborn child and the court
reading section 10 and 11 held that the unborn must get entire rights vested in a propertyand
not just life time interest.
In the case here, B’s male heir would have all the rights attached to the property but the
female heirs don’t have such rights of alienation and thus rights of an unborn are being
restricted resulting in the transfer deed becoming void.
In the case of P Rajamani Rurokul vs Rana, the transfer was from A to B. In the above
mentioned case the court have held that in case of an unborn child the transfer must take
place via a living person therefore the transfer is valid.

Conclusion:

B purchased a life estate in the property. The law of perpetuity makes all subsequent transfers
null and void, but because B died, the property reverts to A.

Answer 4:

Issue:

Can C seek the permission of the house.

Rule:

Section 13 of Transfer of property act talks about ways to transfer benefits to an unborn child
and they are:
(a) Should create life estate in favour of a living person, then absolute estate in favour of
the unborn person.
(b) If the person is born then title is immediately will be vested in him but will get
possession after the death of the life holder

Difference between vested interest and contingent interest.

Vested Interest:

 Section 19 of the Transfer of Property Act discusses it. It is described as an interest

formed in favour of a person without defining the time when it will take effect, or in
language specifying that it will take effect immediately or on the occurrence of an
event that must occur in order for the interest to take effect.
 It is independent of any condition and takes effect from date of transfer of interest.
 In vested interest there is a present interest, through its enjoyment is postponed.
 Vested interest is transferable and heritable
Contingent Interest:

 Section 21 of the Transfer of Property Act discusses this topic. A contingent interest
is formed in the property in the favour of a person to take effect only if something
happens, and that person therefore gets a contingent interest in the Property.
 It entirely depends upon the fulfilment of the condition imposed.
 The interest would vest only on fulfilment of condition.
 Contingent interest is neither alienable or transmissible.

Section 14 of the Transfer of property act says that creation of an interest is equivalent to the
lifetime of one or more living person plus the minority of uniform person who would take
absolute interest in property.
Section 16 of the Transfer of properties act: Transfer to take effect on failure of prior interest,
if due to violation of rules specified under section 13 and 14, a specific transfer fails and any
transfer that is intended to take effect after or upon failure of such transfer also fails.

Analysis:

In this case, A conveyed the house to B, who subsequently vested it in B's eldest child. As a
result, when the first kid turned 18, his or her whole interest was passed to the first child.
According to section 14, the condition that indicates B's kid would inherit property once he
becomes 21 is null and invalid. Because the maximum period is 18 years, including the time
spent in the womb. As a result of section 16 and section 14 of the regulations, B's first kid
will receive absolute interest.

The condition that B's child is not contingent as it is burned to happen, as well as the
differences, have been clearly mentioned in the rules section of the response. As a result, if it
is legal to transfer interests to an unborn child, sections 13, 14, and 16 would also apply.

Since absolute interest vests with first child of B thus after the death of child it will be
transferred to the heirs of the child. Thus C cannot seek for the possession.