Relationship between Fundamental Rights and Directive Principles of State Policies (DPSPs)

Fundamental Rights and Directive Principles of State Policy as enshrined in the Constitution of India together comprise the human rights of an individual.[1] The idea of constitutionally embodied fundamental rights emerged in India in 1928 itself. The Motilal Committee Report of 1928 clearly envisaged inalienable rights derived from the Bill of Rights enshrined in the American Constitution to… Read More »

TPA – Introduction and Important Definitions

The Transfer of Property Act came into existence in 1882. Before that the transfer of    immovable property were governed by principles of English law and equity. Preamble of Act sets out the objectives of legislation. The purpose if Act is to defined and ‘certain’ parts of the Law of transfer of property. Scope of this Act is limited.… Read More »

Immovable property – concept and definition

Definition in Section 3 is not exhaustive. It says only that ‘immovable property’ does not include standing timber growing crops or grass. Definition of immovable property in Section 3(26) of General Clauses Act, 1897, is also not exhaustive. It defines immovable property as it shall include land, benefits to arise out of land, and things attached to earth.… Read More »

Transfer of Property – Meaning and Types

Section 5 of the Act defines “Transfer of Property” as “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 person, or to himself, and one or more other living persons, and “to transfer property” is to perform such act.… Read More »

Restraints on Transfer – Section 10

Section 10, condition restraining alienation — “Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition of limitation is void. Except in the case of lease where this condition is for the benefit of the… Read More »

Doctrine of Lis Pendens

When there is a litigation between two person in regard to some immovable property and one of them transfer the subject-matter of the litigation, a conflict may arise between the right of the transferee and the rights of the parties as declared by the decree of the court. Section 52 of  the Transfer of Property Act,1882 provides the… Read More »

Doctrine of Part Performance

The doctrine of part performance is inserted in the Transfer of Property Act, 1882, by Act 20 of 1929, section 16. This is an equitable doctrine. This is based on the principle that, equity treats the subject-matter of a contract as to its effects in the same manner as if the act contemplated in the contract has been… Read More »

Right of Redemption

Doctrine of redemption is not a new doctrine. Its origin can be traced from Anglo-Saxon and Roman law. The practice of securing land for payment of money in English law dates back to Anglo-Saxon England when interest loans were illegal. Borrower conveyed estate to lender in consideration of a loan and lender reconvened estate to borrower on redemption.… Read More »