ONLINE CERTIFICATE COURSE ON TRANSFER OF PROPERTY ACT
(TRANSFER OF PROPERTY ACT, 1882)CHAPTER I – PRELIMINARY
- Section 1 -> Short title, extent and commencement
- Section 2 -> Repeal of enactments, Savings
- Section 3 -> Interpretation Clause, Immovable property, Instrument, Attested, Registered, Actionable claim, Notice (actual, constructive, imputed)
CHAPTER II – OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
- Section 5 -> Transfer of property defined
- Section 6 -> What may be transferred, Non-transferable property
- Section 7 -> Persons competent to transfer
- Section 8 -> Operation of transfer, CONDITIONS & LIMITATIONS ON TRANSFER
- Section 10 -> Condition restraining alienation
- Section 11 -> Restriction repugnant to interest created
- Section 12 -> Condition making interest determinable on insolvency
- Section 13 -> Transfer for benefit of unborn person
- Section 14 -> Rule against perpetuity
- Section 15 -> Transfer to class, some of whom come under Section 13 or 14
- Section 16 -> Transfer to take effect on failure of prior interest
- Section 17 -> Direction for accumulation of income, VESTING OF INTERESTS
- Section 18 -> Transfer in perpetuity for benefit of public
- Section 19 -> Vested interest
- Section 20 -> When unborn person acquires vested interest
- Section 21 -> Contingent interest
- Section 22 -> Transfer conditional on happening of specified uncertain event
- Section 23 -> Transfer dependent on impossible condition
- Section 24 -> Transfer to such of certain persons as survive at some period
- Section 25 -> Conditional transfer, ELECTION & APPORTIONMENT
- Section 35 -> Doctrine of Election
- Section 36 -> Apportionment of periodical payments on determination of interest
- Section 37 -> Apportionment of benefit of obligation on severance, TRANSFER BY OSTENSIBLE OWNER & FRAUD
- Section 41 -> Transfer by ostensible owner
- Section 42 -> Transfer by person having authority to revoke former transfer
- Section 43 -> Transfer by unauthorised person who subsequently acquires interest, (Feeding the grant by estoppel)
- Section 44 -> Transfer by one co-owner
- Section 45 -> Joint transfer for consideration, DOCTRINES GOVERNING TRANSFERS
- Section 48 -> Priority of rights created by transfer
- Section 52 -> Doctrine of Lis Pendens
- Section 53 -> Fraudulent transfer
- Section 53A -> Doctrine of Part Performance
CHAPTER III – OF SALES OF IMMOVABLE PROPERTY
- Sections 54–57
- Section 54: Sale defined
- Section 55: Rights and liabilities of buyer and seller
- Section 56: Marshalling by purchaser
- Section 57: Charge on property for unpaid purchase money
CHAPTER IV – OF MORTGAGES OF IMMOVABLE PROPERTY AND CHARGES
- Sections 58–104
- Section 58 ->Mortgage defined, Kinds of mortgage, Simple mortgage, Mortgage by conditional sale, Usufructuary mortgage, English mortgage, Mortgage by deposit of title deeds, Anomalous mortgage
- Sections 59–66 -> Mortgage how effected, Rights and liabilities of mortgagor and mortgagee
- Sections 67–77 -> Foreclosure, sale and redemption, Right to redeem, Accession and improvements.
- Sections 78–84 -> Priority, Marshalling, Contribution
- Sections 91–92 -> Who may sue for redemption, Subrogation
- Sections 100–104 -> Charges, Enforcement of charges
CHAPTER V – OF LEASES OF IMMOVABLE PROPERTY
- Sections 105–117
- Section 105: Lease defined
- Section 106: Duration of leases
- Section 107: Lease how made
- Section 108: Rights and liabilities of lessor and lessee
- Section 111: Determination of lease
- Section 112–114A: Forfeiture, waiver, relief against forfeiture
- Section 116: Holding over
- Section 117: Exemption of agricultural leases
CHAPTER VI – OF EXCHANGES
- Sections 118–121 -> Exchange defined, Rights and liabilities of parties
CHAPTER VII – OF GIFTS
- Sections 122–129
- Section 122: Gift defined
- Section 123: Mode of making gift
- Section 124–127: Existing & future property, onerous gifts
- Section 126: Revocation of gifts
- Section 128: Universal done
- Section 129: Saving of gifts under Muslim Law
CHAPTER VIII – OF TRANSFER OF ACTIONABLE CLAIMS
- Sections 130–137
- Transfer of actionable claims
- Notice of transfer
- Rights and liabilities of transferee, Defences available to debtor