What Is Charge and Its Essentials Under the Transfer of Property Act?
2022-10-11
This Transfer of Property Act law note tells you what is charge as per section 100, its essentials, and how it differs from a mortgage.KEEP READING
What Is the Rule Against Perpetuity – Transfer of Property Act
2022-05-07
In this article, you will learn about the rule against perpetuity as defined by the Transfer of Property Act, 1882.KEEP READING
Important Sections of Transfer of Property Act
2022-05-07
Section 3 – Interpretation clause.
Section 5 – Transfer of property defined.
Section 6 – What may be transferred.
Section 7 – Persons competent to transfer.
Section 8 – Operation of transfer.
Section 9 – Oral transfer.KEEP READING
What Is the Difference Between Possession and Ownership
2022-01-26
Ownership: It is an absolute right. Possession: It is evidence of ownership. Ownership: It is a de facto exercise of fact.KEEP READING
Transfer of Property Act, 1882
2022-01-17
An Act to amend the law relating to the Transfer of Property by act of parties. Preamble: Whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties; it is hereby enacted as follows- Chapter I of TransferKEEP READING
What Is the Meaning of Ostensible Owner Under TPA
2021-09-14
Ostensible owner in TPA, is a person who has all the indications of ownership and looks like owner of property but is not the real owner.KEEP READING
What Is Mortgage and Six Types of Mortgage
2021-07-16
There are six types of mortgage. They are:-
1. Simple Mortgage.
2. Mortgage by Conditional Sale.
3. Usufructuary Mortgage.
4. English Mortgage.
5. Mortgage by Deposit of Title Deeds.
6. Anomalous Mortgage.KEEP READING
Sale Explained – Section 54 Transfer of Property Act
2021-07-05
For understanding the term sale, you must know its essentials. They are:
1. Sale is a transfer of ownership from one person to other. One person transfers his title to another.
2. It is transferred in consideration for a price. Here, price means money and not any other valuable thing. Please note that, if in consideration, instead of money, a thing is given, then it is not sale but exchange.
3. The price may be paid or promised to be paid on a certain date or part-paid and part-promised.KEEP READING
Meaning of Onerous Gifts in Transfer of Property, 1882
2021-04-30
Section 127 of the Transfer of Property Act, 1882, defines onerous gifts.
This section regarding onerous gifts is based on the maxim-
‘Qui sentit commodum, sentire debet et onus’ which means ‘he who receives advantage must bear the burden also.’KEEP READING
Fraudulent Transfer of Property, Section 53 – TPA
2021-04-27
Section 53 of Transfer of Property Act. Every owner of property has right to transfer his property as he likes.
But the transfer must be made with a bonafide intention. Where the transfer is made with fraudulent intention, it means with the intention of defeating the interest of creditor or interest of any subsequent transferee. Where the transfer is made with fraudulent intention, the object of the transfer would be bad in the eyes of equity and justice; though it is valid in law.KEEP READING
Glossary of the Transfer of Property Act, 1882
2020-09-05
Important Words of TPA that you must know about.
1. Transfer- It means the conveyance of a thing, property, or a right from one person to another.
2. Property- Property includes movable and immovable property. Any thing which has a monetary value.
3. Act of Parties- An act that has been done with the desire and consent of the parties. It is voluntary in nature.KEEP READING
Gift Under Transfer of Property Act, 1882
2020-08-17
A gift is a gratuitous transfer of a property of any nature to the other person. It is a voluntary transfer from one person to the other. Generally, a transfer without consideration is void.
But a gift is an exception to the rule that without consideration an agreement of transfer is void. A gift is given under natural love and affection. This is the reason that even law has put it in a different table.KEEP READING
Exchange in Transfer of Property Act
2020-05-20
The literal meaning of exchange is giving and taking of something.
Exchange is defined in section 118 of the Transfer of Property Act, 1882.
The exchange of property in this act relates to immovable property only.KEEP READING
What is Lease and What are its Elements and Termination
2020-04-28
What is Lease?
Lease is a transfer of possession.
Section 105 of Transfer of Property Act defines lease.
A lease is not a transfer of ownership of property, but only possession is given for a certain time.KEEP READING
Transfer of Benefit to Unborn Person – TPA NOTES
2020-04-27
There cannot be any direct transfer to an unborn person.
An unborn person means a person who is not in existence even in the mother’s womb.
For the transfer to an unborn person, the following three rules must be followedKEEP READING
What is the Status of Posthumous Child in Succession
2020-04-26
Posthumous Child In Succession: Section 20 of the Hindu Succession Act recognizes the posthumous child as an heir in intestate succession.
It means the child who was in the womb at the time of death of intestate who is subsequently born alive shall have the same right to inherit to intestate as if he or she had been born before the death of intestate and the inheritance shall be deemed to vest in such a case from the date of death of the intestate.KEEP READING
