Property Law

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 objec…

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(…

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 pre…

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 …

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 trans…

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 …

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 En…

SALE OF IMMOVABLE PROPERTY

SALE OF IMMOVABLE PROPERTY Section 54 of the price Transfer of Property Act defines “Sale” as “sale is a transfer of ownership in exchange for a price paid or promised or part-pai…