What is immovable property Section 3? If the ulterior disposition is not vali the prior disposition is not affected by it. Prior disposition not affected by invalidity of ulterior disposition. It means that any transfer that happens on the fulfilment of a condition that is imposed on the other party for the transfer of property.
The requirement of A for B to get a job is called a condition. For any kind of a conditional transfer to be vali the condition that is imposed should not be: 1.
Prohibited by law, 2. Should not be an act that involves fraudulent acts, 3. Any act that incurs any harm to any person or his property. Such transfer is void as the condition is prohibited by law. See full list on blog.
It is important to know about provisions relating to this concept. This article conveys the basic principles and mechanisms behind these provisions, and how they fare out with practical examples that will help the reader relate it with the real time events. Transfer to members of a class who attain a particular age.
Where, on a transfer of property , an interest therein is created in favour of such members only of a class as shall attain a particular age, such interest does not vest in any member of the class who has not attained that age. Section of the transfer of property actdeals with the concept of what may be transferred. Property and interests in property as a general rule are transferable, and it should also be noted that the very transferability of the property is based on the maxim ‘alienation rei prefertur juri accrescendi’, and the meaning of the maxim goes like this– Law favours alienation to accumulation. Therefore it should be noted that any actions made to interfere with the power of the owner to alienate his interest in the property are considered disfavour in law. Uniform legislation was the need of the hour considering this factor, and this act was drafted to serve the same purpose.
Further, transfer of property is defined as an act by which a living person conveys certain property in present or in future, to one or more other li. This broadsheet aims to provide a differentiation between the different types of property that is transferable property and non-transferable property. And in order to know the difference, it also becomes important to know the link which exists between the transfer of property and section of the Civil Procedure Code. In the first place this article would focus on the provisions of the Act , with close reference to the relevant section of the Code, which would rather be an attempt to understand the property in general along with trying to answer the question of whether a property is transferable, which would be backed by the significant case laws. It specifically speaks about, what may be transferred.
Property of any kind may be transferre except as otherwise provided by this act or even by any other law for time being in force, and these exceptions will be discussed in detail in the following sub-sections. Lastly, it can be said that the following research paper dealt with the topic of section of property act in detail with the addition of case laws in order to explain the different clauses involved in the sections. In the legal arena, it becomes of paramount importance for the parties and the lawyers to have a detailed understanding of these above-discussed clauses and provisions.
And finally, the paper has even attempted to touch the area of the clause which had certain significant exceptions. Official Assignee, Madras v. Re Davis and Company, QBD 194. Central Acts and Rules.
Chapter TPA, Transfers Of Property By Act Of Parties.
A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision. Ans: Yes Oliver gets a good title. There are changes that may be brought into force at a future date. According to Section (1) if this buyer acts in good faith and is unaware of the earlier sale, then he will have a good title to the goods even though the property in the goods was passed to the first buyer.
Peter, who still has the possession, agrees to sell it to Oliver. An Act to restrict the purchase or transfer of residential properties (including vacant land) to citizens of Singapore and approved purchasers, and to provide for matters connected therewith. An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible, or is forbidden by law, or is of such a nature that, if permitte it would defeat the provisions of any law, or is fraudulent, or involves or implies injury to the person or property of another, or the Court regards it as immoral or.
Conditional transfer.
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