Overview of Transfer of property
11
Transfer of Property Act, 1882 or Property Law Overview of Sections: 1-21; 35-37 and 54-57
description
Overview of transfer of property. How the provisions are to be reorganised into topics.
Transcript of Overview of Transfer of property
Transfer of Property Act, 1882or
Property Law
Overview of Sections:
1-21; 35-37 and 54-57
TP Act overview
• Ch-1 Preliminary (S. 1-4)• Ch-2 Transfer of property by act of parties (S. 5-53A)• Ch-3 Sales of immovable property (S. 54-57)• Ch-4 Mortgages of immovable property & charges (S. 58-104)
• Ch-5 Leases of immovable property (S. 105-117)• Ch-6 Exchanges (S. 118-121)• Ch-7 Gifts (S. 122-129)• Ch-8 Transfers of actionable claims (S. 130-132)• Schedule (S. 133-137)
Relevant for exam
• Ch-1 Preliminary (S. 1-4)– All
• Ch-2 Transfer of property by act of parties (S. 5-53A)– ONLY S. 5-21 & 35-37
• Ch-3 Sales of immovable property (S. 54-57)– All
• Totally: 28 provisions to be covered
Chapter I - Preliminary
• 1. Short title• 2. Repeal of Acts-Saving of certain enactments,
incidents, rights, liabilities, etc.• 3. Interpretation clause
– "immovable property"– "instrument" – "attested"– "registered" – "attached to the earth"– "actionable claim"
• 4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act
Chapter II Transfer of property by act of parties
• 5. Transfer of property defined• 6. What may be transferred• 7. Persons competent to transfer• 8. Operation of transfer• 9. Oral transfer• 10. Condition restraining alienation• 11. Restriction repugnant to interest created• 12. Condition making interest determinable on
insolvency or attempted alienation
Chapter II Transfer of property by act of parties
• 13. Transfer for benefit of unborn person• 14. Rule against perpetuity• 15. Transfer to a class, some of whom come under
sections 13 and 14• 16. Transfer to take effect on failure of prior interest• 17. Direction for accumulation• 18. Transfer in perpetuity for benefit of public• 19. Vested interest• 20. When unborn person acquires vested interest on
transfer for his benefit• 21. Contingent interest
Chapter II Transfer of property by act of parties
• 35. Election when necessary
• 36. Apportionment of periodical payments on determination of interest of person entitled
• 37. Apportionment of benefit of obligation on severance
Chapter III Sales of immovable property
• 54. "Sale" defined
• 55. Rights and liabilities of buyer and seller
• 56. Marshalling by subsequent purchaser
• 57. Provision by court for encumbrances and sale freed therefrom
Let us divide the syllabus in this way for our convenience. Each topic will be dealt in a separate file.
1. Movable and immovable property
2. Attestation and notice3. Actionable claim
– S. 1-4
4. Transfer of property– S. 5-9
5. Restraints on transfer– S. 10-12
6. Rule against perpetuities– S. 13-18
7. Vested and contingent interest– S. 19-21
8. Doctrine of election– S. 35-37
9. Sale of immovable property– S. 54-57
Finally, these are the topics
A. Introduction1. Movable and immovable property2. Attestation and notice3. Actionable claim4. Transfer of property5. Restraints on transfer6. Rule against perpetuities7. Vested and contingent interest8. Doctrine of election9. Sale of immovable property
The contents of this file have been compiled from various reliable sources. Due care has been taken to avoid
errors. The author of this work takes no responsibility for the consequences arising out of error. The reader is
advised to cross check with the text books and the Act in case of confusion. You are allowed to share this file with your friends without making changes to the contents of
this file. However, you are not allowed to exploit this work commercially.
- Gagan K.University of Mysore
