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India · 4th Year · Property Law (TPA)

Transfer of Property Act, 1882

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Show all 5 questions and answers in this book

  1. 1.TPA s 6(a) — is spes successionis transferable?

    No. The chance of an heir-apparent succeeding to an estate cannot be transferred.

    TPA 1882, s 6(a)

  2. 2.TPA s 10 — condition restraining alienation?

    A condition absolutely restraining the transferee from parting with or disposing of the interest is void (with an exception for leases).

    TPA 1882, s 10

  3. 3.TPA s 52 — doctrine?

    Lis pendens: during a pending suit in which right to immovable property is directly in question, the property cannot be transferred so as to affect the rights of any other party under the eventual decree.

    TPA 1882, s 52

  4. 4.TPA s 53A — doctrine?

    Part performance: a transferee in possession under a written, signed contract who has performed or is willing to perform their part is protected against the transferor.

    TPA 1882, s 53A

  5. 5.Define sale (s 54), mortgage (s 58), lease (s 105) and gift (s 122).

    Sale: transfer of ownership for a price. Mortgage: transfer of an interest to secure a loan. Lease: transfer of a right to enjoy property for a term for a price/rent. Gift: voluntary transfer without consideration, accepted by the donee.

    TPA 1882, ss 54, 58, 105, 122