General principles of transfer of property slideshare

The act of transfer may be done in the present or for the future. The person may include an individual, company or association or body of individuals, and any kind of property may be transferre including the transfer of immovable property. What is the definition of transfer of property? Is transfer of property immovable?

Can transfer of property be made without writing?

Khakare Vikas Associate Professor 2. OF TRANSFERS OF PROPERTY BY ACT OF PARTIES section to 53-A These provisions deals with basic principles and concepts involved in any transfer. Before that, the transfer of immovable property was governed by principles of English law and equity. The preamble of Act sets out the objectives of the legislation.

Scope of this Act is limited. It applies only to transfer by the act of parties and not by operation of law. This Act lays down certain general principles as to transfer of property which has to be followed.

This principle was first used in the much celebrated case of Ramcoomar Koondoo v. John and Maria McQueenby the Judicial Committee. See full list on lawctopus. In this case, the plaintiff who had inherited a property by way of a will came to know that someone else had already purchased this property in her name and subsequently sold this property to a third person, by making him believe that he had good title over that property. The whole transaction was a ‘benami’ transaction but was not known to anyone except the person who sold the property. The plaintiff sued the third party for recovery of the possession of the land but the committee held that: “ It is a principle of natural equity, which must be universally applicable, that where one man allows another to hold himself out as the owner of an estate, and a third person purchases it for value from the apparent owner in the belief that he is the real owner, the man who so allows the other to hold himself our shall not be permitted to recover upon his secret title, unless he can overthrow that of the purchaser by showing, either that he had direct notice, or something which amounts to con.

The section lays down certain requirements to avail the benefit of this section. The primary condition is that the person who is transferring the property should be ostensible owner. There should be consent form the real owner, which can be implied or express form. The ostensible owner should get some consideration in return of the property.

Reasonable care has to be taken by the transferee about the authority of transferor to. The burden of proof is on the transferee to prove that the transferor was actually the ostensible owner and had the consent to sell the property. Also he has to prove that he actually acted in good faith and had taken all reasonable care that was required from him while taking the property. This is because he has to prove that he was not at fault while taking the property and to shift the burden on the real owner. Alternatively, to shift his burden, he can also prove that the transferor did not allow the transferee to know the real facts and tried everything to suppress the facts.

No one can simply say that he has now acquired the property and he cannot be evicted now.

Section of the Act has done a fair job in protecting the interest of the innocent third party. The third party has to take a lot of care while purchasing the property and these necessary requirements has been put by law itself to check the misuse of this section by ostensible owner and the third party. This, in a way protects the interest of the real owner also. Edited by Neerja Gurnani Hereinafter referred to as ‘the Act’. Lis’ means ‘litigation’ and ’pendent’ meaning ‘pending’.

So, lis pendent would mean ‘pending litigation’. The doctrine of lis pendent is expressed in the well-known maxipendent lite nail innovator,which means ‘during pendency of litigation, nothing new should be introduced”. Under this doctrine, the principle is that during pendency of any suit regarding title of a property, any new interest in respect of that property should not be created. Therefore, in essence, the doctrine of lis pendent prohibits the transfer of property pending litigation.

It is a very old doctrine and has been operating in the English Common Law. Under this doctrine the judgments in the immovable properties were regarded as overriding any alienation made by the parties during pendency of litigation. The basis of lis pendent is ‘necessary’ rather than actual or constructive notice. It may be said that this doctrine is based on notice because a pending suit is regarded as constructive notice of the fact of disputed title of the property under litigation.

Therefore, any person dealing with that property, pending litigation, must be bound by the decision of the Court. But, the correct view is that lis pendent is founded on ‘necessity’. For administration of justice it is necessary that while any suit is still pending in a Court of law regarding title of a property, the litigants should not be allowed to take decision and transfer the disputed property. Lis pendent is, therefore, based on ‘necessity’ and as a matter of public policy it prevents the parties from disposing of a disputed property in such manner as to interfere with Court’s proceedings. SabineTurner, LJ: “It is, as I think, a doctrine common to the C. Section embodies the doctrine of lies pendent (pending litigation) as expressed in the maxim Ut lite pendent nail innoveteur which means nothing new should be introduced in pending litigation.

As a principle equity, justice and good conscience, this rule applies even where the Act does not apply. Originally, the land in dispute was recorded in the name of petitioner’s husband and after his death his brother ’G’ knowing it well that his brother’s wife was alive and being sole legal heir, without impleading her, filed a suit seeking declaration of Khatedari rights, and thereafter she has been litigating being sole legal heir of the recorded Khatedar. Despite the pendency of the suit and suit property is being prohibited” from being alienation or transfer during pendency of suit, yet the respondent brother went on transferring the land and thereafter subsequent purchasers went on transferring land.

Such transfer would be hit by doctrine of l. Following are essential ingredients for the application of the doctrine of lis pendent as provided in Section 52: 1. There is a pendency of a suit of proceeding. The suit or proceeding must be pending in a Court of competent 3. A right to immovable property is directly and specifically involved in the suit. The transfer must affect the rights of the other party to litigation. It only cannot affect the rights of any Other party to the suit under any decree or order that may be made in the suit or proceedings.

Thus the effect of the rule of liespendent is not to invalidate or avoid the transfer , but to make it subject to the result of the litigation. A files a suit for partition and does net implead C or his father X. Though X and C are not parties to the suit, yet the subject-matter of suit is the same, and neither X nor C can legally and validly transfer or alienate his share to a third party. In such cases the ultimate decree is likely to affect the shares of X and C too. A sues B in respect of a house in B’s possession.

During the pendency of the suit B sells the house to C. A’s suit is dismissed. Thus, here, the purchaser (C) is bound by the result of the litigation. What are the essential conditions for lis pendent to apply? Following conditions are necessary for the application of the doctrine of liespendent as provided in Section 52: 1. Is there any exception to the doctrine of lis pendent?

If yes, Explain with the help of case law. Exception to the doctrine can be explained with the help of case as follows: 1. Devinder Bajaj, the court permitted the defendants to deal with the property during the pendency of the suit, under Sec. The court observed: “The principle underlying Sec. The operation of the bar under Sec.

Transfers by operation of law are known as involuntary transfers e. Court sale or transfer made by order of Court. Section is applicable to both the kinds of transfer’s pendent lite. Formerly there was some doubt whether this section applies to transfers made by operation of law because this Act does not apply to such transfers. Transfer of property may either be by act of parties or by operation of law. But the Privy Council had settled the law that the principle of liespendent is ap.

Ruleagainst perpetuity is also based on broad principles of public policy. Rule against perpetuity under section of T. P Act: Section of the T. When there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. It doesn’t mean that movable property is not a subject matter of this Act. The property which is dealt by and large under this Act is immovable property.

Persons Competent to transfer. Operation of Transfer – Conditions restraining alienation and restrictions repugnant to the interest created rule against perpetuity and exceptions. Direction for accumulation.

Vested and Contingent interest. Property Rights ∗ Ilya Segal and Michael D. The first is the creation of incentives for e fficient behavior among its members. The second is the efficient allocation among those members of.

Heat Transfer : the study of energy in transit including the relationship between energy, matter, space and time.