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    property law leading cases

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    76 views17 pages

    Property Law

    Uploaded by

    ANTHE MENTOR
    property law leading cases

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 17
    PROPERTY LAW ‘Anowner has thee bask rights inthe property, ie — ‘© a rghtof ouneship,of having the te tothe propery, © Secondly, aneachsve rg to possess and enjoy the property and © thay, anexchave rght to alate the property inany manner that he es. ‘Immovable’ incapable of being moved, motions, stadt orf) fed. © Scion SOFTPA anterpretation USE Inthe ct, nk there Something repugnant inthe subjctorcomtet — = immoveabl propery’ dots not inca standing tier, growing cogs orgs . ine tas folove "= Secton 326" Immoveable property" shallinclule ln, beefs to arke ou of nd, an thing attached tothe earth, 2 permanent fstened to anything 2) oted inthe earth as nthe case of tees and shrubs; + (imbedded inthe earth a inthe case of vals or bulliegs or * (attached to what So imbedded forthe permanent benefeialenjoyment ofthat to which ti atached ‘+ "Immovable Proper" includes nd, builings, hereditary allowances ight to vays, RMS, ferris, feheries or any other bene to arke out of nd, and things tached tothe earth, or permanent fastened to anything which attached 1 the anh, “+ senefie arcing out of dor TRE PIERS immovable property- Right tocollct charge tomstall holes Tee Timbertree “things rooted in Atinber tee earth becauee ‘Ready 1 we 25 ‘nll tbe, ‘ber cominuestodmw | «Intended tobe ‘sustenance fromthe | cut reasonably oltre further eatly iouth woo! for construction or bung purposes mmevable|nmorable movable SSS. |e igs rooted in atinber tee between movable and immovable lean became heady we as property; tang of “things attached 1 earth” and ‘nile anes ‘aber {Concept of "Doctrine of futures” cominues to draw Intended to be ‘sustenance fromthe | cut wazonably solfor a further eatly irouth wood forconstrction ‘or bung purposes immovable | movable movable " Thoughshe applied tthe Diora forest offcerand | UANINOSEM ed forpermssionto workthe fost, vas not |Thecour bell lat ‘On apil26 1948, the ounerota forest, recited a a2 lease intevour of his view, foraconsleraton (of fs 26,000, fora period of12and a hal yes ‘8s perthe dead, the right was confered upon hertocter the estate fr cutting ad taking ‘ttamboo, fel wood and tak “+ AUT same tine, se was prohibited from ‘ting teak pls that were under te eight ‘tone anda folie, bt the moment th ak ‘ees reached tht girth they cull be fled by her, but win a2 yeas “She enjjed thé rghtfortvo yess, when the Madhya Pradesh boltion of Propristay Right tte, Maa Armed tarde) At 3950 a |+ passed, under vhchall popretary FG inthe Bind vesed inthe state and W va stopped | ‘romcuting any more tees. framed to head when she started cutng the ees on heroun, she Was stopped by the Forest offcer trom doing + She fed petition nthe cour under article 320f he Constitution W comended that asthe ret granted to her ‘was rghtnstanding timber she vas ented to compensation. + clue (5) males that car, becauce sas “only the kate ofthe forest woods & geno you" * what asthe ature of rt created inher favour, ‘eit inmovabe or immovable property ‘writen, atasted and regitered document. the right tae the benetasperthe ‘rgmalcontact willcome toanend, but the guarantee ‘Duration. 22year- “pegre ofevtension “Argh to enter upon the of anotherand ‘anya partofthe produce ban iste of benef arising out ot Pots peat, Se ad tere Sat «lfteycon bef oranappecablehrgthot ti, thy mst be eared tesa mot sinter + gig, poses ot oF fers {Siete peter tas no funfoment ren Stans canes ‘The eevant consferation woul! be the SH {IG the te orto kt erminatached tothe lent + wchined comperstion from the government for being ousted fom the forest rom 953 10 23955, but gave up the claim intial on the Uundetstanding that she woul be alloved to work the forest forthe remaining period ‘woul be entitled to compersation forthe restof the time peti for whichshe was not able to realize the right * one ofthe contacts rete 130 agreement ofthe petitones company wth State oforésa forthe purpose of fling, cuting ‘nd obtaining and removing bamboor fom forestareasforcomerting the bamboo into ape pulp or or purposes connected with the manufacture of paper, oF nan connection incidental thereith ‘Thus, the company had the rght ows al ads, roads and steams withi, as wellas ousle the ‘contact areas forthe purposes of free ingress to, and egress from, the contact amas. ‘ites ako given the righ to male dams across streans, cutcama, male watercourses, irgation wore, wade, briiges, builings ‘Yamsays and other worksefulor necessary forthe purpose of ts business of ling, cuting and removing bamboos forthe purpose of Converting the sae into paper pulp or for purposes connected with the msnutactur of reper + Forth purpose, they ako had a rght to we cotherforest produce “The apreementestended 024, 232nd 24 yea with respect to diferent contact areas withan ‘option o the company to renew the contract fora fuer temo toehe year and embraced not onl famous which were in tritence at the date of the contract but Eo tamboos that were to rowan even come in critencethereate. "The court hel thatthe bamboo contract PAPER PUL) rete to immovable property 25 benefit {oarte out of nd an didnot ete toa contact ‘of movable property 'mevas.asingle iegraland invisible contact, ‘hich was not to be severed The attempt onthe partof the state ‘Government andthe officer oft Saks Tax Depart nt to bring ro tar the amounts payable under the Bamboo Contact wos, therefore not ni const tionol bul vies the Ora Act “The pnts hucband (ate Prof and the defefant vere fends. ‘+ Aecoding to paint allegations, the paints husband ad obtained a possessory morgage (on--3957 wth view to una tourig ner inthat pce “The pls husband buita temporary inet stractre and emcted 3 temporary anda ina portonof the pint schedule ste “forthe purpore of nem, paints hurband oughta cinema proctor and the olegine and theiaccessores The aoresai cinta projectorand the ollengi ad their ‘ccerzore ave ben imbedded and ietaled inthe earth by constructing foundations forthe purpose of running the cinema concer know 2 uma touring talks” “Finding no tne to marage the cinema concern he entrusted the management ofthe cinema concerto the defendant ov of rust and Confidence in him. The defenfant taking ‘vantage of hs postion, as being the person in| ‘the management colluded with mortgage’ and potanendorsementofdacharge made onthe morgage bond dated 1-957 ad subsequent obtained the morgage inh rame on 63961 ‘The pins husband fled 2sut whieh decreed ex parte in Tralcour. He died ter Now thi sut inappeal “The suit chim varied by te defendant contending iter ala that wa he, but no the Pints husband, who realovnerat the amar Touring Tats that he ad obtained the morgage deed fromthe aj Saheb though he amar ral) ‘Upon the respective contentions ofthe partie, the oll ung sues aes: + waincontention vas tht what the nature of property in ssue, whether tis immovable property oF ‘movable property tis movable property, wilbe Bane by limtaton period as Su fled afer 3 ea 235 contended by defendant, but fit immovable property, willbe under tfation period au ie ‘id before period of 2 eats as contented by init ‘vbetherthe pints husband and after hs death, ‘the pint ented tothe cine equipment and ‘the dieselolengine ad theraccessores? ‘ii velseted Bw tat a sui for dechrationof tle ‘oorfor covery of possession of immovable property can be edwin 42 yar rom the eral ‘rdenatot the plaints rh bythe opposing pay + However, inthe case of movable property, sucha su ‘must be filed within 3 years rom the date of efsalor eniaof the plants gh “The dfintions inthe Tranter of Property ct 288239 most important here, Section 3of the At detines "immovable prope’ as followin: + Degree ofexension 1 Achattel becomes a fetute * quequld phmatursob, sob ceditie, whatever’: afc tthe sllbelongs thereto does not generally ppl in tna + Cueguid imedifcatursle, sob cdi, which means ‘wimtoevere bulk into oF imbedded into or attached 1 sol becomes part ofthe "The Howe of Lons hel that certain vahabie| tapestries atfued bya tenantto the wal ofa house forthe purpose ofomament and for the beterenjoyment of themasclatek, fad not become part ofthe house, but formed part of the personalestate ofthe tenant for ie There no statutory test or guldline faving uniesalappicatin, forthe determination ft mu Ef he property, whether movable ormmoable “Forth fist rue whicharote inthe su, Court of the view that the equipment or machinery must be elo fave at Be SRCRed the earth thin the meaning of the expression scion 3 ofthe Transfer of Property Act 1 The machinery & ot on} ot attached othe ‘am, butako not permanent fastened 0 Snything attached tothe earth ‘it nota pucea cinema fal butts ont temporary shed buit partly with2ne sheets and party with eicoth ‘rece the machinery inguestion mst be helt be movable property but nat immovable propery ‘On that premise, must be hel that the suit forthe recover of possession orin the aerate, for recovery of the value of such rnovabl proper beyond the period of| thee year afer the dena bythe defendant got the ded executed benamin the name of Dts husband, and he hd pal instalme ts 3s perthe agreement that he didnot borow an amount from the pints husband ant ut pertain tothe recovery of movable property and, therefore, barred by imation {mode ofatachmentand consequence of detachment degre ofatachment iLobject or tenon of atta het: 5 whomattac hed: sas}atp 338 aves lobsered by 135 flows: Judge sbchbum the general maxim f the si, that wt ‘annexed tothe Bd becomes par ofthe nd; butt ‘very dificult, aot impossible, 0 say wth precion ‘aha constr ananeration suicient forthe purpse.it a queston which must depend onthe Circumstances ofeach ase, and main on 140 ‘cumstances, 25 iicating the tention The {degree of anneration and the object of the ofthe pints ri, barred by itation “forthe second sue which arse inthe sui, our fof the view, in espect of ou finding thatthe sts barred by Hmtation, bene, we donot find Rnecesrary to advert {question No.2 rebating othe owne ship ot the propery ‘chin tt, a company regitered under the ‘Companies ict 95eexecuted anagreementot se dated 1143-1993 wherin napreed to aneferonan ar wher E° base and "352 oing concerns feticer business of manufacturing, marie, distribution and sake of urea fertile in favour of Duan id ‘Sub regotar- nthe document under reference llth detais required undrSection 2 ofthe ‘ct had not been given bythe partes, hence ‘akaton and eramiation &ezentaand requested the Colecoro determine the value 3 required under the Actand the rus and to {ale action to ale the deft stamp duty ae peratty "ale () whieh defies “erterburness” cay shove that the intention ofthe vendor vas to transfer al poperte that compréed the fertile business * whether bythe conveyance deed dated 61094, the pantand machinery were ako transferred and “+ whether the High Court was right in accepting the \alationas made by the authorities forthe purpose ofstamp duty payable samosh Hegde, J ‘sak of fertizerfacor woul include oto ‘the bd butako the planta the machinery of ‘the factory. embedding - intention of party was rnotremove h- permanent hed witheround 'Tarser of movable property tacts the ‘roveione ofthe Stamp Duty Act. Forth, the property has tobe conecty valued and the uty 10 be pai acconingy The regitrr empowered to ale suitable action | ‘orealee the defi inthe stamp duty incase of Inappropriate payment and may abo Impose penaty nds intention of pares “agreed tobe Sol the entire business of ‘erteeronan'as & vere e-hd bulldegplant- machinery The authors belo ere totaly justified in ‘bing into consideration the value ofthese pant ad aching is alg vith the vale ofthe and ‘forthe purpose ofthe Act * importance of atestation; “who may be a competent witness; “inode of atestation, “ atstatio bya Pardarashia woman ‘A regbtarcan be a competent wtess provided he fas The subregitraror registering officer who registers she document nay actae attesting wines, but Rut beshownthat +(e has intention wo atest; and +(e has ether personaly sen the executamt signing ‘he document, orthe executant accepts the execution before him, [a965)2sceass:aina96s sca730 "The morgage deed inquestion vas executed by the appelt infavourof mgannath Data, respondent 20n xp 30,1945, fora coneleration off 5,000 “The appelbnt undertook to pay the amount avanced together vit terest withinove year ftom the execution ofthe deed ‘The appeliet, however, aed todo so. espondent therefore isttued the suit ot of whieh thi appealarbes wheter the mongage deed upon which the suit of Respondent doa based vas vally attested '-acconingo Pespondent though the money vat vanced by himto the appelbnt he obtained the ded in the mame ofthe second respondent agannath Debate because he hinslfand the appelant vere close fends and be felt embarassing to asktheappelamt 1 pay inereston the money vanced by hi + Appetit argument ‘ secton 3ofTPA-aterted ‘obpctotatertation- to protect the ferecutat fom big force, fraud or unde ilvence “+ Aditincton vas thus dram nth case betweena peron who ea party toa deed and a pesson who, though nota party tthe deed, 3 pary tothe vansactonand i vas ‘3 thatthe Bter vas not incompetent to atest the deed "On feb 23,3053. the appellant iettued eenertsut stituted a suit agaist 8, chiming asumot approximately Rs 9000 alleged bared to himon the stengthof two promisory notes executed by, his favour “ Bobtained a kave to defend the su ona Condition that he executes a secur bond in * whether the deed signed by the Sub-regitrarand ‘eying witnesses valdy attested, fon one formore peson hs signed fas atesting witnesses "The court decided the dispute infavourof 2 and ireced tht the charged properties be soll, and ‘the chimamoun be pil out ofthe sale proceeds The court, hee, expind the meaning of he ‘term aterted' and observed that te esental ‘hat the witness shoul! have put thei erates ano atertand hat , forthe purpose ofatesting or testing that they fad seen the executamt snort received from aur of regbtray, high court, or Rs 50,000, executed ths bond, charging severalot hi properties "This bont was sted by one attesting witness ‘and anadvocate¥, who fad prepared and xphined the documento 8, and hod lentified him 35 vellas tv oter persons who had ented @ before the Resta 1+ The bond vas abo signed by the Sub- register him pesoralaclnowedgement of he sinatures “ifs person puts he sgratureon the document for some other purpose eg, cert that he a Serb oran Mentfier ora vegetering office, be & ‘ota attesting wines. The registering Oficer, the court sal, equied ‘woffa the dateand he sratures tthe ‘endore ment + prina facie, the Regering Offer puts Wis ‘erature: onthe document indicharge of he ‘Statutory duty, and not rth purpose ‘of attstng it, or ceryig that he has received ‘omerecutanta personalacknowkdgement of ‘Padarath Halwaiv. ram Narain, AlR3945 PC 21 "The mortgagor vere two paniarachin bie ‘who di not appear before the attesting witnesses, and consequent their faces were rot seen bythe witnesses. “The two witnesses wer however well acquainted withthe vokes of the dies. “ tetveen themand the women vara chikthat ts not ined wth cht The two witnesses recognised them by thee ‘votes, and saweachofthemexecute the deed With their ov had, 2d then put their eratures onthe documents atestng The Prin Counce at he deed vas valely attested Simi, incase the dy at behind 3 ‘ura bt the scribe along with er fri ‘membe's,incluling er husband and a nephew, Satoutsde the curtain and the Sri read out ‘the deed tober The ndyacepted the deed, putout her han and putherthumb impression the document in ‘ight ofthe witnesses. "Thereupon, the husband and another person sped as attesting witnesses. “2 person g sito have note ofa fact when heactualy nove tat fact or when, but for viflabrtention roman enguityrsearch, Which he ought to have made, oF rss rnepigerce, he would hae known ‘Relevance of doctrine of ote; RLU: The Knowledge oF notice must be define in rebtiontothe transfer question- not generator iretevant Ccicunetancessuround ing ‘ughtto have knowna fact - uk ofcaveat emptor or buyerbevare wilful abstention from making an inguir- Duty ontrancfree to male rekvant enquires ‘competency of transferor "Mur eramine the releant document "charge due onthe propery or nat ross melgence; actual Pssession; regétraion ‘mote to agent as Constructive Notice Section 30fTPAaBB2 | expenations ‘Any transaction af immovable propety required by tobe regatered + any peson acquiig such property stall be dearmed to have note of such ietrument provided The instrument has been regétered Indian egetration act 908, Duly fied in books undersection 51 of ‘the indian egtered at 908 instrument correctly entered inthe indeses bop undersetions5 ofthe 'expamation2 ‘Any eso acquiing stall be deemed to ave note ofthe the “ expenation 3 ‘A petsonstallbe deemed to have note i hs agentacquies notte thereat ‘ifthe agent frau ue conceak the fat, ‘the pincipalstal ot be charged wth note thereof as agaist any person who tiara party toorothervitecopntantof the taud ‘The property heh sth subect-natierof comovesy inthe iigaton orginal belonged toone taj Mur Kiulammed fay Abduiman ‘he apparently am int financials in February 1849 and incobercy proceedings vere started against im in arc, 199, “ byanintermorder cee tok tare of hi ‘state and fal on October 38,2950, he vas ijudated itsobent “The property in question acconinghy vested in the receiver “Thi property tad been mortgaged wth fim called tess. argovind taxmictand in ferecution ofa mortgaged decree obtained by ‘the morgage th propery vas auctioned and purchased at cout sake bythe pati rj ‘Abdur Haj Hursenbhal(espondent in thi “walcourt Property vas lable for recovery of municipal axes ‘attachment of property egal 8. void * Dmised the appeal Highcourt Miia tax not enforceable again his property cargument * Doctrine of CAVEAT EMPTOR (tthe purhaser| Deva applies wo such putaser + wituabstention to eng uie “crave negligence higher degree of neglect omision totale mazomabh care. Pint dil emuie about the tates from AMC but they didnot give any itination ‘sconstctive wotke ba questonof fact: we ‘do nt find materalon the present record justified “AM vas far more negligent and ame vorthy than pitt ‘naval shore V The Municipal oan gia © Constructve notice i questionot fact ‘whichdepends on evence and Diference froma charge and mortgage ‘charge cannot be enforced from ite the property in the land ofa bona fe purchaser : purchaceron November 2, 2954. at the Line of ths purchase there vere inrespectof th property a arforthe yeas 2838-50 19195358, which Ineane that th eceers had not cared to pay ‘the municial tes during all these Yeas “The property ve attached bythe municipal comporaton by means of anattachiment otce, dated July 20,955, forthe areas of the municipal taxes amounting to 55437 ‘The pitt asa trait none ofthe Faas ofa Puca house, whihstood over four fecinaé of nd which orginally belong to tad ta who vs hie unc ‘+3972 expressed desire to sellthe house 10 Pint ntustate- ashe vas in need 19 money ‘+ njune 3972 in 7000 Rupe of consilertion money 2000)- was pail and agreement to sell ar evecuted ‘ater nd a refused to execute the agreement infavorof pint with babnce amount ‘+ n meantie pitt arn that id a bas brought sale deed in ame of father ofthe minor defendants 6 87 id wa denied that he Had agreed to sellte bouse subordinate Jue “Denied the execution in same of pint ‘Defendants 28:3 wer bona file SEIERPESRON2 any person acquiring any immovable property any share or interest ian such property shall deemed to have notice ofthe tle, #3, (fay person who forthe time being actual possession there of att has to prove tat defendant 283 fa the nowhdge of shout alleged agreement Paint making ony vague and general Ratement about the fact ‘when they fa no pir no wedge about the sail ‘agreement, they cannot be bound by tnd then Bint cannot enforce hs agreements against ‘them, even fh agreement woul have been2 ‘valid and genuine document, because 2 bre fie purchaser for value without note cannot be bound by any prieragreement betieen is vendorand the pli Hak con otebimna refund hi agreement ‘otgenuie val "ban v.Davson ton) 6 ves 289) sonand his mothersol! the house 10 5m vas a conitionalsak, witha stipubtion thatifwithina period ofsicad a al yeas, the Seller vould pay the entre consteration to 8:8 oul reconeyanc the propery tackto them. “Alte ter, however, fora consti, the ele agred to ebare the fg conveyance infovourof9, withthe belpofan unegstered + Book porsessonofthe properties and afer the eseeaionof whaze deed, carted major repain at he costs ‘The seler(notherand on) however, so the Tehtotmcomeyance spate under the orgialsale ded toa person 0, without ‘cksing tim that as aleady been teeasedinfovourofthe bujer® +b cing ob s bona fie purclaseraf the reconveyance righ thou ote wanted 10 nore the same Any peson acquiing ny immovable property orany Se or interest nany such property shal be deemed 10 have notice ofthe tle, any, ofan person who forthe time being inacual possession therect whether defendant suas bora fe purclas for \alue without notice of the right to get ecomveyance fomdefendant 2 ‘since 8 vas inactal possesion of the property, the court hel tha tad a duty to iret hi ing uies to 8 with spect wo 8S Fights over the propert and having fae to do tiat be would be imputed wah Conetricive note ofthe lease deed executed by the Seles in fvourot 8 “13 perzon , tok shop on rent from Subsequently entered itoa contract forthe purchase of thé shop fora consideration ‘he paid prtof the consieration onthe date of ‘the agreement, and unfenookto pay the remaining amount on the date ofthe execution ofthe sale deed + Sic months er, however, sll the shop 10, fora sumot a 29000, “fled suit forspecfic performance of the Contact and Crested Ronthe ground that ‘hey were bona file purchasers for vale and without amy notke ofthe Chim of and therefore the regstered sale ded in their favour cannot be canceled and rele of pect performance could not be granted infavour ot "Section29 ofspecittrelefact, ‘Rell fais parties and persons cimig under them by subsequent le ‘stave the defendants 2105 purchase the disputed Shopafter paying ful price ad had they no lof Lover the property or ot, the court observed that atthe relevant time was actual posession ofthe property and therefore Cshoul! have made inquires trom about he tie overthe propery the tenant Imoiedge Notes) of th alleged agreement to sel? ‘onthe question of whether had note ofthe rghs ‘smauaon J + The courtotcened thats person nay not ave actual nowdge of fact but he may ave note of ‘ifthe purchasers (| have reid upon the asertionof the vendor (8 or ontheirown ‘ nowedge and abstained fom making inquiry nto the real mature ofthe prsesion ofthe tenant, they cannot escape fom the Consequences ofthe deemed note under txpbation Wofsection 3of Te act, 3882. Cs Fehtover th property thus were bel! 35 ‘ttowlnate oe rahe ‘Taneerintenvor + ting person “ arste peson “status of partion of pnt family property '5 “Tansterof propery defined — nthe folowing sections “tract of property" means anacty. ‘whaling pessonconves| creation of new Fight) prope, Inpresentorinfutue, ‘owns or more other ing pemone, or Se hineet, ork hinge and one or moe other ing persons; ‘and “to raster property” 10 perform suchact nth section Wing person’ inlades oa companyor boy of india, © whether incorporated oF not, but nothing herein contained stllafiect any law forthe time being in foc rating to ansterof property 120r by compants,assoiatons or bods of india} ‘Vn Sarinv.Ajteunar Pop ARa9665C 432 fasesja sce 38 ‘The premées inquestionare a partota burgatowsttuate at acquet court oad, chil Lins, eth |The burgalow orga eaged tothe pat ind fri consting of spond nt 2, 5. Popbiand he wore, Respondent, Maj ajt kumar Popiaiand Vinod vurmar opt. “The thee members ofthis undived Hind ‘amy parttoned ther coparcenay propery (on may 27,1962, and as result ofthe said partition the present premiesfellto the share ‘of respondent 3 ‘The appelit V4 Sarin had been inducted into ‘the premises 2 a terant by Respondent 2 before partiionata monthy rental te ‘ster Respondent 1 got ths property by partition, he applied to the Rent controler for the evetonof the appellanton the ground that he required the premises bona fe fr hé own reeence and tht of he le and chien ho 2 dependenton him ‘Toth application, he impleaded the appellant and respondent 2 ‘iether the yan ofthe Coparcerary propery among ‘the coparcenars can be sail tobe “anacgution by ‘arse within the meaning of Section 23(6 of the Delhi Rent contol ct, 2858 (the Ac. sarin argument ‘he urged that Respondent as not hi bdo imacmuchas he vas not aware ofthe partion and did not now wat consid. + Hieako urged thateven Respondent vas hie [allo he di not require the premises bon fe; andso, the requirements of Section 14) (@) ofthe ‘Act vere notated ‘The Bst contention raed by him vas that i 'espondent got the property insult by patton, in [aw it meant that he fad acquied the premises by ‘Wansfer within the meaning of Section34(6 ofthe Act and the provéos ofthe sal secion make the present Sut incompetent * acqusttonof the suit premises by partition annot be sido be acquit by transfer within the meaning ofthe sail section ‘He peded the premises bona fie for hs personal we “+ Not acquired the sail premises by tanster ‘The dizpite reed othe tenancy ght ofthe ‘eran whieh he had bequeathed infavourof his is “On his death the beneficiaries under his wil tokporesronof the teamed premies 2s the contac of ase a tilsubsieting “The nd fk cut forevktion onthe round, that he traneerof the premises mounted to2viotion ofthe protons ofthe Delhinent contol act, 3958.5 the tenant had pated wit possesion ofthe premées in depute without the permission the bedlow. * whether devoltonf ieee in property though Inheritance or testamentary sucession (Wi) would amount to transfer ofan interest inthe immovable Dropety within the meaning of sections ofthe TP ct, "the act of making 2 Wil by Re, woul not ‘amount to parting with possession ofthe Drembes, 2 Wilby Re very mature revocable, and doesnot vest possession, orfor that matey, ‘ny Fgh inthe legate ' Througha will peson pars with possession ‘only after he death and therefore, though vesting and divesting ofthe rhs inthe property tale ‘ce, the moment the testator die, the ole ‘tansaction vould be governed by the rebvant ‘Succession as and not by the provions of the "The transfer of property cconting tothe Jdefitiongvenins 5, ofthe Tansterof Property et, means an act by whicha lig person ‘conveys property ia present o future te or ‘mote other Ing petsons orto himself and one or ‘more other Ing petsons "Tue, these ods exclu transfer by Wi fora Willopeates after the deathof he testator ‘2 pesondied having behind hs wie, and hi " whether execution ofa Wiamounts toa nef oF aleration within the meaning of the Tac, 30827Hit "The court Hel that by making a Will a estator ether changes tile o possession nega to3 nephew Br (bother 500 “The nephew applied to the court forgrantot leter ofadminetation chiming that the deceased fad lt hs total properties in his ‘vour under Wil “Thi him was contested by the widow W, on the ground thatthe wluas forged document and she, a the legally wedded wile ofthe deceated var ented tthe total properties “The phe wsought and obtained a temporary injunction fromthe cour preventing or restraining the widow rom transfering oF alenating the su properties tthe case was decided bythe court on merits “The wow vas therefor sled to mietain the status quo with spect to these properties Si ‘month ter, the wiowevecuted a Wilt these properties infavourot her bother and died ee months ter, whe the suit reting to the tik dispute vas pending inthe court ‘Her brother applied forsubsttuton of he name inthe pce ofthe tetatric rs, objected to, the subrttutionon the ground, ‘that as the widow was specifica directed by ‘the court mato tranferoralierate the property and was to mintin the status quo, 2 ‘Marserof property, undera Will soas te Create rights ina thd party would be against the onlerof the courtand heee oi, al such transfer woul have no cue stand to be Substtued in place ofthe deceased testatric oes, thenthe execution of will was aginst the express diections ofthe cour, and wouk be vi ‘consequent the kgateeundera vid Will would have no right to substtuton But fa Wil snot cluded as a mode of ranser within the meaning of sections, then the gate under th vad Wil woul be entitled to step it the shoes ofthe testatri and continue the Ingation propery: | hedhers the nature orsiuationofthe propeaty ‘ahered, nor anthig removed oradded tothe property, by such wil = vidoes not amount toa rane within the meaning sections ofthe Tact, 1882, and lod the legate to pusue the Itgatonon behalf the tera The dference betueena tareterand a Wilare vellrecogned “a ttanster i aconveyace ofanesiting property by one lung person to another (that transfer ites) ‘onthe other hand, 2 Wildoes not imohe ‘any taney, noreftects any vanster imervos, but 6 kgalexpressionof the ses and intention of pesson in regard {WE properties which he desis tobe Cried int effect after he death = SECON 6 hot maybe entered Proper ot Eft en be tanstered eeapravoterroe ple bythe storys othe bree Tire in tone (the lance ofan irapyrensceedigtoan ‘atte cng ofa ebtoncbtang gc on ‘indeathofa lawman orayotter mere psn ‘fo le atc be shred, "Tansterof “spe sucessions"; *Tanster by blr apparent; ‘chance ofa retin obtaining 2 legacy onthe deathof| 3 kienan + Comparon with faululen and erroneous tnauthoreed tances, + Doctrine of feeding the grant by estopper statis of bonafle transferee forconeMerstionand witout “Where 2 person frau uml or] erroneous represents that he authoréed to tans Certain immovable property and professes to ‘varsersuch propen fr consideration, such tranferstal, + the option ofthe transferee, operate on ‘ny interest which the trator may acquire insuch property at any time during which the Contac of tranefer sub “+ Nothing inthe sectionstalinpairthe rebt cf transterees in good fath for corsiferaion without note ofthe extence ofthe sal option ‘2 Hind pint fama conssed of thee brothers Sc, br2and ars. ‘inthe yeara800, they collective executed 3 swufructiary mortgage ofthe joint family property infavourof “There was tation anda compromée vas anived at wth respect, according tothe tems of which fora pered of 20 year, ie, i ‘August 2920, the mortgages vas ented 10 retains possession and after that the property| Was to revert backto the family +The fami chant was 5 flows utof the thee bothers one did unr, ad the tthertwo died oe after another, aring behind theiwalovs W2and 3 but no chi, “They hada seer, who had three grandsons 4,8 and, who were the reversiones to their property “Alva to get one-tatof the property and Band © one-fourth each, but onthe death ofthe 0 wilow. ‘Tithe deathot he widows, the interest tat they had inthe property vasa RES “ whethera taster of prope forconsteration made bya petson who represeas that he has present ain tansferable intrest therein, whe he possesses infact fonlya sper succession, within the protection of section ‘SSofthe act, ‘at according to secton 61 The court eecied thé aunent and drew

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