“Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
This document provides contact information for various offices of a law firm called Altacit located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It then provides information on succession law in India, including an overview of the Indian Succession Act of 1925, testamentary versus intestate succession, applicability to communities, definitions of a will, essential features of a will, persons competent to make a will, the role and appointment of executors, execution of a will including the probate process, and related topics.
The objective of this paper is to provide an understanding of basic concepts of Indian Constitution and various organs created by the Constitution and their functions.
The document discusses the legal remedy of "restitution of conjugal rights" under Section 9 of the Hindu Marriage Act in India. It was introduced by the British for social reforms and allows the aggrieved spouse to petition a district court if the other spouse withdraws from the marriage without reasonable excuse. The key points covered include: the historical background of this remedy; the essential conditions for filing a petition; what constitutes reasonable withdrawal; valid defenses; the burden of proof; and consequences if the spouses do not cohabit after a decree is granted.
Constitutionality of Delegated LegislationBhargav Dangar
This document discusses the constitutionality of delegated legislation in India. It outlines three periods: when the Privy Council was the highest court of appeal until 1949, the constitutionality was uncertain; in the case R.V. Burah in 1869, the Calcutta HC declared a section unconstitutional for delegating legislative power but the Privy Council reversed this; and when the Federal Court became the highest court, in the case Jatindra Nath Gupta V. Province of Bihar it held that the power of extension with modification given to the provincial government was ultra vires or beyond its power.
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
CONTRACT OF BAILMENT
Section 148 of the Indian Contract Act states that, Bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
This document provides contact information for various offices of a law firm called Altacit located in Chennai, Bangalore, Coimbatore, Hyderabad, and Cochin. It then provides information on succession law in India, including an overview of the Indian Succession Act of 1925, testamentary versus intestate succession, applicability to communities, definitions of a will, essential features of a will, persons competent to make a will, the role and appointment of executors, execution of a will including the probate process, and related topics.
The objective of this paper is to provide an understanding of basic concepts of Indian Constitution and various organs created by the Constitution and their functions.
The document discusses the legal remedy of "restitution of conjugal rights" under Section 9 of the Hindu Marriage Act in India. It was introduced by the British for social reforms and allows the aggrieved spouse to petition a district court if the other spouse withdraws from the marriage without reasonable excuse. The key points covered include: the historical background of this remedy; the essential conditions for filing a petition; what constitutes reasonable withdrawal; valid defenses; the burden of proof; and consequences if the spouses do not cohabit after a decree is granted.
Constitutionality of Delegated LegislationBhargav Dangar
This document discusses the constitutionality of delegated legislation in India. It outlines three periods: when the Privy Council was the highest court of appeal until 1949, the constitutionality was uncertain; in the case R.V. Burah in 1869, the Calcutta HC declared a section unconstitutional for delegating legislative power but the Privy Council reversed this; and when the Federal Court became the highest court, in the case Jatindra Nath Gupta V. Province of Bihar it held that the power of extension with modification given to the provincial government was ultra vires or beyond its power.
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
CONTRACT OF BAILMENT
Section 148 of the Indian Contract Act states that, Bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
The securities and exchange board of India (SEBI) was set up as an administrative body in April 1988. It was given statutory status on November 1992 by promulgation of the SEBI ordinance. The objective of setting up SEBI is to protect the interest of investors in securities and to promote the development and to regulate the security market.
The document discusses the role and responsibilities of the Comptroller and Auditor General (CAG) of India. It notes that the CAG is an independent constitutional body that audits all expenditures from the Consolidated Fund of India, acts as the guardian of the public purse, and submits audit reports to Parliament. The CAG is appointed by the President of India, has security of tenure, and cannot be influenced by any executive authority. The key responsibilities of the CAG include auditing all accounts of the central and state governments, ascertaining the net proceeds of taxes, and assisting the Public Accounts Committee.
The Competition Commission of India (CCI) is responsible for enforcing competition laws and preventing anti-competitive practices. It was established in 2003 and became fully functional in 2009. The CCI comprises a chairperson and 2-6 members appointed by the central government. Its duties include eliminating anti-competitive practices, promoting competition, protecting consumer interests, and encouraging efficient delivery of goods and services. The CCI has powers to regulate its procedures and seek expert assistance. It establishes benches led by the chairperson or members to handle cases. In a notable case, the CCI imposed a large penalty on the BCCI for unfair practices related to IPL team ownership.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
The Cossijurah case from 1779-1780 highlighted conflicts between the Supreme Court and the Supreme Council in Bengal. A zamindar named Raja Sundernarain owed a debt but avoided paying. When the Supreme Court issued a writ for his arrest, the Council protected the Raja and arrested the sheriff. This caused a power struggle over jurisdiction and authority between the two bodies. The case increased tensions and helped lead to reforms that clarified their powers through an Act of Parliament in 1781.
The paper will focus on the civil procedures followed in instituting a suit. The students will be familiarised with certain important concepts and practical skill development activity will provide insights into the actual working of the court procedures.
Muslim women have certain rights to maintenance from their husbands under Islamic law. Marriage in Islam is intended to fulfill religious duties as well as for emotional and sexual needs. A wife has a right to interim and permanent maintenance if she refuses her husband access for legal reasons, due to a prenuptial agreement, or if she lives separately due to cruel treatment or non-payment of dowry. This was demonstrated in the 1985 Indian Supreme Court case of Mohd. Ahmed Khan v. Shah Bano Begum, which placed Muslim women's rights to maintenance on equal footing with Hindu women's rights.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
The document discusses the capacity of minors to contract under Indian law. It summarizes that minors, persons of unsound mind, and those disqualified by law are not competent to enter valid contracts. While a minor's agreements are voidable, the 1903 Privy Council case of Mohoribibi v Dharmodas Ghose established they are not absolutely void. Later cases further modified this stance, finding that agreements made by guardians on a minor's behalf or for their benefit can be binding. The document outlines exceptions where minors may be bound, such as beneficial contracts, as well as the inability of minors to ratify agreements made during their minority through subsequent confirmation.
LLB LAW NOTES ON LAW OF TAXATION
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
CONTRACT OF INDEMNITY AND GUARANTEE
Indemnity is defined in Section 124 of Indian Contract Act, 1872, while in Section 126, Guarantee is defined.
In the contract of indemnity, one party makes a promise to the other that he will compensate for any loss occurred to the other party because of the act of the promisor or any other person. In the contract of guarantee, one party makes a promise to the other party that he will perform the obligation or pay for the liability, in the case of default by a third party.
In indemnity, there are two parties, indemnifier and indemnified but in the contract of guarantee, there are three parties i.e. debtor, creditor, and surety.
The document discusses different modes of partition in a Hindu joint family under the Mitakshara law. It states that partition can be effected through declaration, will, conversion to another faith, marriage under the Special Marriage Act, agreement, arbitration, or by the father during his lifetime. Partition results in the severance of joint status and allows individuals to hold property separately rather than as coparceners in the joint family. Some of the key modes discussed are partition by declaration of intention to separate, through a will clearly stating the same, and agreement between family members to divide the property.
The document discusses key aspects of sale of immovable property under the Transfer of Property Act, 1882 in India. It defines a sale as the transfer of ownership of property in exchange for a price, and distinguishes this from a contract for sale which agrees for a future sale but does not transfer ownership. The essential elements of a valid sale are identified as parties to the transaction, the subject property, a money consideration, and proper conveyance either through registration of a sale deed or possession transfer. Various principles from case law rulings pertaining to sale agreements and transactions are also summarized.
An interpleader suit allows a person who is faced with competing claims over money, property or debts from multiple parties and claims no interest in the disputed item other than costs, to file a suit against all claimants to compel them to litigate the matter against each other and obtain an order stating who is entitled to payment or delivery. The document outlines the rules for filing an interpleader suit under the Code of Civil Procedure, including requirements for the plaintiff claim and procedures that may be used by the court at the initial hearing to resolve the matter.
Environmental Studies and Environmental Laws (: LLB -301)cpjcollege
The objective of this paper is to acquaint the students with the environmental issues and the measures taken for its protection along with the norms prevailing at international and national
level
The document discusses the rule of law and principles of natural justice in administrative law. It begins by explaining the meaning of the rule of law doctrine and its emphasis on balancing individual rights and state power. It then covers Dicey's definition of the rule of law, focusing on the supremacy of regular law over arbitrary power. Finally, it outlines the two main principles of natural justice - nemo judex in sua causa and audi alteram partem, or the rules against bias and the right to a fair hearing.
This document summarizes the rights of a surety in a contract. It outlines three main rights: 1) Rights against the creditor, such as being eligible for any securities the creditor holds against the principal debtor; 2) Rights against the principal debtor, such as suing the debtor to recover amounts paid if the surety discharges the debt; 3) Rights against co-sureties, such as a right to contribution if a surety pays more than their share of the debt. An example is provided of co-sureties being equally liable to pay a debt of Rs. 30,000 where if one surety pays more than their share of Rs. 10,000, they can claim the excess from the other
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
Section-1:
Name- Indian contract act 1872;
Extent-It extends to the whole of India except state of J&K.
Enforce-It shall came into force on 1stsep1872.
The securities and exchange board of India (SEBI) was set up as an administrative body in April 1988. It was given statutory status on November 1992 by promulgation of the SEBI ordinance. The objective of setting up SEBI is to protect the interest of investors in securities and to promote the development and to regulate the security market.
The document discusses the role and responsibilities of the Comptroller and Auditor General (CAG) of India. It notes that the CAG is an independent constitutional body that audits all expenditures from the Consolidated Fund of India, acts as the guardian of the public purse, and submits audit reports to Parliament. The CAG is appointed by the President of India, has security of tenure, and cannot be influenced by any executive authority. The key responsibilities of the CAG include auditing all accounts of the central and state governments, ascertaining the net proceeds of taxes, and assisting the Public Accounts Committee.
The Competition Commission of India (CCI) is responsible for enforcing competition laws and preventing anti-competitive practices. It was established in 2003 and became fully functional in 2009. The CCI comprises a chairperson and 2-6 members appointed by the central government. Its duties include eliminating anti-competitive practices, promoting competition, protecting consumer interests, and encouraging efficient delivery of goods and services. The CCI has powers to regulate its procedures and seek expert assistance. It establishes benches led by the chairperson or members to handle cases. In a notable case, the CCI imposed a large penalty on the BCCI for unfair practices related to IPL team ownership.
Maintenance under hindu_marriage_act-1955Trisom Sahu
The most challenging part when the situation of separation of married couples comes in front of the court is to decide the maintenance keeping in view that the rights of each of the party is not hampered.
Therefore, the legislators took the pain of inserting the sections regarding to maintenance in the Hindu Marriage Act-1955. In this paper I will be throwing some light on the various provision of the Hindu Marriage Act - 1955 which concern the maintenance and the interpretations made by various courts of law in India.
The maintenance is mainly described explicitly in section 24 and section 25 of the Hindu Marriage Act-1955.
Sec.24 emphasizes on maintenance pendente lite and expenses of the proceedings and sec. 25 talks about the permanent alimony under the Hindu Marriage Act-1955.
Maintenance Pendente lite and expenses of proceedings (Sec.24): -
The provision for maintenance pendente lite and expenses of proceedings is given in section 24 of the Hindu Marriage Act - 1955, which is stated as follows: -
24.Maintenance pendente lite and expenses of proceedings: - Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable:
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
Legislative Changes: -
An addition of a provision was done was done to the existing section in 2001 by providing for disposal of maintenance pendente lite and expenses of the proceeding within a period of 60 days from the date of service of the notice on the wife or the husband.
Objective of Section - 24: -
The provision of maintenance pendente lite is created by the legislators to provide financial assistance to the indigent spouse to maintain herself or himself during the pendency of the proceedings and also to have sufficient funds to carry on the litigation without suffering unduly due to shortage of funds. In the case of Hema v S. Lakshmana Bhat the Kerela High court held that husband too can claim for alimony pendente lite. The court in this case observed that in providing for alimony or maintenance pendente lite for both the spouse the concept of equality has been introduced in maintenance proceedings.
The rationale of the Sec.24 is to provide financial assistance to the indigent spouse and to ensure that no material fact or evidences is concealed due the financial incap
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
The Cossijurah case from 1779-1780 highlighted conflicts between the Supreme Court and the Supreme Council in Bengal. A zamindar named Raja Sundernarain owed a debt but avoided paying. When the Supreme Court issued a writ for his arrest, the Council protected the Raja and arrested the sheriff. This caused a power struggle over jurisdiction and authority between the two bodies. The case increased tensions and helped lead to reforms that clarified their powers through an Act of Parliament in 1781.
The paper will focus on the civil procedures followed in instituting a suit. The students will be familiarised with certain important concepts and practical skill development activity will provide insights into the actual working of the court procedures.
Muslim women have certain rights to maintenance from their husbands under Islamic law. Marriage in Islam is intended to fulfill religious duties as well as for emotional and sexual needs. A wife has a right to interim and permanent maintenance if she refuses her husband access for legal reasons, due to a prenuptial agreement, or if she lives separately due to cruel treatment or non-payment of dowry. This was demonstrated in the 1985 Indian Supreme Court case of Mohd. Ahmed Khan v. Shah Bano Begum, which placed Muslim women's rights to maintenance on equal footing with Hindu women's rights.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
The document discusses the capacity of minors to contract under Indian law. It summarizes that minors, persons of unsound mind, and those disqualified by law are not competent to enter valid contracts. While a minor's agreements are voidable, the 1903 Privy Council case of Mohoribibi v Dharmodas Ghose established they are not absolutely void. Later cases further modified this stance, finding that agreements made by guardians on a minor's behalf or for their benefit can be binding. The document outlines exceptions where minors may be bound, such as beneficial contracts, as well as the inability of minors to ratify agreements made during their minority through subsequent confirmation.
LLB LAW NOTES ON LAW OF TAXATION
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
CONTRACT OF INDEMNITY AND GUARANTEE
Indemnity is defined in Section 124 of Indian Contract Act, 1872, while in Section 126, Guarantee is defined.
In the contract of indemnity, one party makes a promise to the other that he will compensate for any loss occurred to the other party because of the act of the promisor or any other person. In the contract of guarantee, one party makes a promise to the other party that he will perform the obligation or pay for the liability, in the case of default by a third party.
In indemnity, there are two parties, indemnifier and indemnified but in the contract of guarantee, there are three parties i.e. debtor, creditor, and surety.
The document discusses different modes of partition in a Hindu joint family under the Mitakshara law. It states that partition can be effected through declaration, will, conversion to another faith, marriage under the Special Marriage Act, agreement, arbitration, or by the father during his lifetime. Partition results in the severance of joint status and allows individuals to hold property separately rather than as coparceners in the joint family. Some of the key modes discussed are partition by declaration of intention to separate, through a will clearly stating the same, and agreement between family members to divide the property.
The document discusses key aspects of sale of immovable property under the Transfer of Property Act, 1882 in India. It defines a sale as the transfer of ownership of property in exchange for a price, and distinguishes this from a contract for sale which agrees for a future sale but does not transfer ownership. The essential elements of a valid sale are identified as parties to the transaction, the subject property, a money consideration, and proper conveyance either through registration of a sale deed or possession transfer. Various principles from case law rulings pertaining to sale agreements and transactions are also summarized.
An interpleader suit allows a person who is faced with competing claims over money, property or debts from multiple parties and claims no interest in the disputed item other than costs, to file a suit against all claimants to compel them to litigate the matter against each other and obtain an order stating who is entitled to payment or delivery. The document outlines the rules for filing an interpleader suit under the Code of Civil Procedure, including requirements for the plaintiff claim and procedures that may be used by the court at the initial hearing to resolve the matter.
Environmental Studies and Environmental Laws (: LLB -301)cpjcollege
The objective of this paper is to acquaint the students with the environmental issues and the measures taken for its protection along with the norms prevailing at international and national
level
The document discusses the rule of law and principles of natural justice in administrative law. It begins by explaining the meaning of the rule of law doctrine and its emphasis on balancing individual rights and state power. It then covers Dicey's definition of the rule of law, focusing on the supremacy of regular law over arbitrary power. Finally, it outlines the two main principles of natural justice - nemo judex in sua causa and audi alteram partem, or the rules against bias and the right to a fair hearing.
This document summarizes the rights of a surety in a contract. It outlines three main rights: 1) Rights against the creditor, such as being eligible for any securities the creditor holds against the principal debtor; 2) Rights against the principal debtor, such as suing the debtor to recover amounts paid if the surety discharges the debt; 3) Rights against co-sureties, such as a right to contribution if a surety pays more than their share of the debt. An example is provided of co-sureties being equally liable to pay a debt of Rs. 30,000 where if one surety pays more than their share of Rs. 10,000, they can claim the excess from the other
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
Section-1:
Name- Indian contract act 1872;
Extent-It extends to the whole of India except state of J&K.
Enforce-It shall came into force on 1stsep1872.
This document contains lecture notes on the Hindu Marriage Act 1955, Muslim Marriage Act, Hindu Adoption and Maintenance Act 1956, Hindu Minority Guardianship Act 1956, and Special Marriage Act 1954 from Chanderprabhu Jain College. It discusses the essential elements, ceremonies, dissolution, and grounds for divorce under the different marriage laws. It also summarizes the provisions related to adoption, maintenance, guardianship, and emerging trends in marriage and family law like surrogacy, live-in relationships, and same-sex marriage.
This document discusses the law of bailment under the Indian Contract Act. It defines bailment and outlines the essential elements. It also classifies bailments based on benefits and rewards. Further, it explains the rights and duties of the bailor and bailee. Specifically, it outlines the bailee's duties to take care of goods, not make unauthorized use, not mix goods with their own, return goods and any accretions. It also discusses lien and rights against deprivation or injury to goods.
This document discusses the position and powers of a Karta, who is the manager or head of a Hindu joint family. It notes that the senior most male member is usually the Karta. As Karta, he has numerous rights and powers to manage family affairs and property for the family's benefit, but also responsibilities like maintaining family members. It outlines some of the Karta's specific powers and duties regarding legal matters, income, debts, business, and representing the family. The document also provides an introduction to the topic of partition of a joint Hindu family property.
The document discusses the topics of contracts of indemnity, guarantee, bailment, pledge and agency under business law. It provides definitions and explanations of these concepts. For contracts of indemnity, it notes that indemnity refers to compensation for damages or loss, and involves one party agreeing to pay for potential losses caused by the other party. The key aspects discussed include the definition of a contract of indemnity under Indian law and that it involves one party promising to save the other from loss caused by the promisor or another person.
Property or valuable security
Given or agreed to be given
Directly or indirectly
By one party to the marriage to the other party
Before, at the time of or after marriage
In connection with the marriage
Dower or Mehr excluded (Section 2 of the Dowry Prohibition Act)
What is ‘Contract‘?
The term ‘Contract‘ is defined in Section 2(h) of the Indian Contract Act, which reads as under
“An agreement enforceable by law is a contract.”
The analysis of this definition shows that a contract must have the following two elements:
1. An agreement, and
2. The agreement must be enforceable by law.
Rule of Law
•In reality it is neither a rule or law. •It is a doctrine of political morality that aims at ensuring the correct balance of rights and powers between individuals and the state Adherence to the doctrine requires more than to govern according to the law since this is not necessarily equivalent to govern under the law. •“Only in a country where the rule of law means more than formal, legal validity will subjects enjoy real protection from official tyranny and abuse” Mathews
The document discusses the formation of contracts under Indian law. It begins with an overview of the Indian Contract Act 1872 and the key elements needed to form a valid contract - offer, acceptance, consideration. It then examines offer and acceptance in more depth, including definitions, communication, revocation and types of offers. Consideration is defined as the recompense or thing of value given in exchange for a promise. The document provides examples and case law rulings to illustrate various points around offer, acceptance and consideration.
This document discusses the torts of negligence, false imprisonment, and malicious prosecution under law of torts. It defines negligence as a breach of duty of care that causes harm. It explains key cases like Donoghue v Stevenson that established the duty of care. False imprisonment is defined as unlawful confinement, while malicious prosecution is the wrongful initiation of legal proceedings without probable cause and with malice. The document outlines the essential elements and defenses of false imprisonment and malicious prosecution to distinguish between the two torts.
A tort is a civil wrong
That (wrong) is based a breach of a duty imposed by law
Which (breach) gives rise to a (personal) civil right of action for for a remedy not exclusive to another area of law.
This document contains lecture materials from Chanderprabhu Jain College of Higher Studies & School of Law related to the Trade Unions Act of 1926. It covers several topics like collective bargaining, standing orders, resolution of industrial disputes, and instruments of economic coercion. The learning outcomes, concepts, definitions, and processes related to these topics are discussed over multiple pages in point form along with headings and sub-headings.
This document discusses key definitions and concepts related to evidence and the law of evidence in India. It begins by defining key terms like evidence, fact, relevant fact, and proved. It notes that evidence can be oral or documentary. It then discusses the relationship between evidence law and substantive and procedural law, stating that evidence law is a procedural law that helps implement substantive laws. The document provides examples and explanations for terms like fact in issue, relevant fact, proved, disproved, and not proved. It discusses the extent and application of the Indian Evidence Act of 1872.
Code of civil procedure law, Bba llb, law schoolssuser32bd0c
The document discusses key concepts from the Code of Civil Procedure. It begins by defining important terms like decree, judgment, order, foreign court and foreign judgment. It then explains provisions around foreign judgments from Sections 13 and 14. Other definitions covered include mesne profits, affidavit and suit. It also summarizes the typical stages in a civil suit process: institution of suit, issue of summons, written statement, discovery, issues, trial, judgment and decree. Finally, it briefly explains the concepts of caveat and execution proceeding/appeal.
Many prominent jurists have made attempts to define Crime.
1. Sir William BlackstoneIn his 'Commentaries on Law of England', Sir William Blackstone defined Crime as "an act committed or omitted in violation of Public Law forbidding or commanding it".
2. Sir James Stephen"Crime is an act forbidden by law and revolting to the moral sentiments of the society".
3. Kenny"Crimes are wrongs whose sanction is punitive and in no way remissible by an private person, but is remissble by the Crown alone, if remissible at all"
4. Stephen"Crime is an act which is forbidden by law and revolting to the moral sentiments of the society".
5. Paul W. Tappen"An intentional act or omission in violation of criminal law, committed, without defense or justification and sanctioned by law as felony or misdemeanor
Nature and Main features: - Detailed description of Fundamental Rights
• Fundamental Rights are in conformity with our social conditions Only classified rights, no recognition of natural rights
• Fundamental Rights are obligatory on Union Government, State Governments and Local Governments
• Positive and Negative rights
The document discusses various internal aids to interpretation of statutes, including:
- The title of an act, which gives a description of its objective but is only useful to remove ambiguity.
- The preamble, which contains the reason for enactment and can be used as a "key" to interpret ambiguous provisions.
- Headings prefixed to sections or groups of sections, which may provide context but cannot override clear wording.
- Marginal notes appended to sections, which are not technically part of the act and should not be relied on for interpretation.
Internal aids can help clarify meaning when provisions are unclear, but clear language takes precedence over other interpretive tools.
The document is a lecture note on basic concepts of taxation from Chanderprabhu Jain College of Higher Studies & School of Law. It defines key terms like taxes, direct and indirect taxes, income, assessment year, financial year. It distinguishes between capital and revenue receipts and discusses the differences between direct and indirect taxes. It also explains the concepts of application of income versus diversion of income and gives examples. Finally, it provides an overview of the different sections related to assessment under the Income Tax Act.
Socio-Legal Dimensions of Gender (LLB-507 & 509 )cpjcollege
This paper intends to sensitize the students about the changing
dimensions of gender and also familiarizes them with the subtle manifestations of inequality rooted in our society.
The objective of the paper is to apprise the students with the laws relating to marriage, dissolution, matrimonial remedies, adoption, contemporary trends in family institutions in India, in particular the Hindus and Muslims.
Alternative Dispute Resolution (ADR) [LLB -309] cpjcollege
Alternative Dispute Resolution has become the primary means by which cases are resolved now days, especially commercial, business disputes. It has emerged as the preferred method for resolving civil cases, with litigation as a last resort. Alternative Dispute Resolution provides an overview of the statutory, procedural, and case law underlining these processes and their interplay with litigation. A significant theme is the evolving role of
professional ethics for attorneys operating in non-adversarial settings. Clients and courts increasingly express a preference for attorneys who are skilled not only in litigation but in problem-solving, which costs the clients less in terms of time, money and relationship. The law of ADR also provides an introduction to negotiation and mediation theory.
The document discusses various topics related to corporate law including types of companies, forms of business organization, shares, debentures, and securities. It provides information on sole proprietorships, partnerships, corporations, limited liability companies (LLCs), and different types of companies such as private companies and public companies. The document also defines key terms like shares, share capital, debentures, debenture bonds, and classifications of company securities.
It is an indispensable complementary part of our legal system without the study of which no advocate is suitably equipped with the basic requisites required to go to the court.
This document provides an overview of key concepts in international relations discussed in a political science class, including:
- Democracy and its key principles such as majority rule, protection of minority rights, and consent of the governed.
- Federalism and its features such as division of powers between central and state/provincial governments.
- The parliamentary system in India and features such as a ceremonial head of state, executive drawn from the legislature, and collective responsibility of ministers.
- Concepts in international relations like power, sovereignty, and the elements and limitations of national power, including international law, morality, and world public opinion.
This paper focuses on various aspects of health care law including the constitutional perspective, obligations, and negligence of medical professionals and remedies available to
consumers of health care.
The object of this paper is to focus on land reforms in India, Constitutional provisions related to land reforms, Land Acquisition, Rehabilitation, and Resettlement Act,2013, Urban Real Estate Development Laws and the Provisions of the Rent Laws under the
Delhi Rent Control Act, 1958.
Business Environment and Ethical Practices (BBA LLB 213 )cpjcollege
The objective of the course is to familiarize students with the different aspects of business environment and ethical practices to be adopted by organizations in conducting their business.
The document provides information about human resource management (HRM) including definitions of HRM, its components, nature, scope, importance, evolution, policies, challenges, and trends. It also discusses the differences between personnel management and HRM as well as HRM and strategic HRM. Additionally, it covers topics related to human resource planning such as meaning, importance, job analysis, and future personnel needs. The document appears to be lecture notes on an introduction to HRM course provided by Ms. Pallavi Sharma.
The objective of the seminar paper is to introduce the students to a holistic understanding of crime. PSDA in this seminar paper will include seminar presentation, debates and group discussions, critical review of existing laws in India and a comparison with
other countries. The paper seeks to explore the possible practical applications of the various theories that have been formulated so far. It will also require the students to look up the international cases where these theories have been applied. The students who opt for this paper will also visit the prisons/ juvenile homes/ juvenile courts / rehabilitation centre etc. and make an assessment of the current situation.
The document discusses various topics related to computer networks including:
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- Types of networks including local area networks (LANs), wide area networks (WANs) and metropolitan area networks (MANs).
- Network protocols such as TCP/IP and how they function.
- Multiplexing techniques used in networks such as frequency division multiplexing (FDM), wavelength division multiplexing (WDM), and time division multiplexing (TDM).
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Corporate Governance : Scope and Legal Frameworkdevaki57
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Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
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This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
1. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: Sixth Semester
Name of the Subject: Property Law
UNIT- 1
2. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
. Definition of Transfer of Property
“Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living
person conveys property, in present or in future, to one or more other living
persons, or to himself, or to himself and one or more other living persons; and “to
transfer property” is to perform such act.In this section “living person” includes a
company or association or body of individuals, whether incorporated or not, but
nothing herein contained shall affect any law for the time being in force relating to
transfer of property to or by companies, associations or bodies of individuals.
3. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
After analyzing the language of section 5 the following point may be
observed
1. Act of Conveyance
2. In present or in future
3. Living Persons
4.To himself or himself with on or more other persons
4. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Non-Transferable Property
1. Spes Successionis [sec 6(a))
2. .Right of Re-entry [Sec6 (b)]
3. Easement [Sec6 (c)]
4. Restricted interest [Sec6 (d)]
5. Maintenance [Sec6 (dd)]
6. Mere right to sue [Sec6 (e)]
7. Public Office [Sec6 (f)]
8. Pensions [Sec6 (g)]
9. Nature of Interest [Sec6 (h)]
10.Untransferable Interest [Sec6 (i)]
5. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Essentials of A Valid Transfer
1.The property must be a transferable property
2.Transferor must be competent
3.The transferor must also have right to transfer
the property being transferred
4.Transferee must also be competent
5.Necessary formalities prescribed by law for the
transfer must also be completed
6. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Modes of Transfer
1. Delivery of possession- Where writing is
not necessary under the Act, the property
may be transferred orally i.e. only by
delivery of possession
2. Registration- Where registration is
necessary, the transfer must be in writing.
7. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Transfer For The Benefit Of An Unborn Person
Property cannot be transferred directly to an unborn
person but property can be transferred for the benefit of
an unborn person. Sec 13 provides that property can be
transferred for the benefit of an unborn person subject to
following conditions:
1. Transfer for the unborn must be preceded by a life
interest in favour of a person in existence at the date of
the transfer.
2.Only absolute interest may be transferred in favour of
the unborn
.
8. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Rule Against Perpetuity
Perpetuity means indefinite period. Rule against
perpetuity is the rule which is against a transfer making
the property inalienable for an indefinite period or for
ever.
Sec 14 of the transfer of property act provides that in a
transfer of property, vesting of interest in the living
person(or persons) and the minority of the ultimate
beneficiary.
9. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
The essential elements of the rule against perpetuity are as follows:
1. There is a transfer of property
2. The transfer is for the ultimate benefit of an unborn person who is
given absolute interest
3. The vesting of interest in favour of ultimate beneficiary is
preceded by life or limited interests of living person
4. The ultimate beneficiary must come into existence before the
death of the last preceding living person
5. Vesting of interest in favour of ultimate beneficiary may be
postponed only up to the life or lives of living persons plus
minority of ultimate beneficiary; but not beyond that.
10. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Exceptions to Rule Against Perpetuity
1. Transfer for the benefit of public- Where a property is transferred for
the benefit of public in the advancement of religion, knowledge,
commerce, health, safety or any other object beneficial to mankind,
the transfer is not void under the rule against perpetuity.
2. Personal Agreement- Personal agreements which do not create any
interest in property are exempted from the rule against perpetuity.
11. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Vested and Contingent interest
Vested interest: A vested interest is created in favour of a person –
without specifying the time when it is to take effect, or specifying that it is
to take effect forthwith, or on the happening of a certain event. It is
ownership. It does not depend upon the fulfilment of any condition. It
creates an immediate right, though the enjoyment may be postponed to a
future date. Thus, owner’s title is already perfect. It is not defeated by
death of transferee before he obtains possession. It is both transferable
as well as heritable. If the transferee of a vested interest dies before
actual enjoyment, it passes on to his heirs.
Example: A makes a gift to B of Rs. 100 to be paid to him on the death of
C. B gets a vested interest, as the event, namely, C’s death is certain
12. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Contingent interest: A contingent interest is created in favour of a
person – to take effect only on the happening or not happening of a
specified uncertain event, which may or may not happen. It is only a
chance of becoming an owner. However, it is different from spes
successions. It is solely dependent upon the fulfilment of the
condition (after which it becomes vested interest), so that if the
condition is not fulfiled, the interest may fall through. Thus, the
owner’s title is as yet imperfect, but is capable of becoming perfect.
Whether it passes on the death of the transferee or not depends on
the nature of the contingency. It is transferable. Whether it is heritable
or not depends on the nature of the contingency. If the transferee dies
before obtaining possession, the contingent interest fails, and does
not pass on to his heirs.
Example: An estate is transferred to A if he shall pay Rs. 500 to B. A’s
interest is contingent until he paid Rs. 500 to B.
13. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Important Points Regarding Vested Interest
1.Vested interest does not depend upon fulfilment of
any condition. It creates an immediate right though
the enjoyment is postponed to a future date
2.Vested interest is not defeated by the death of
transferee before he obtains possession
3. It is both transferable and heritable. If the
transferee of the vested interest dies before actual
possession or enjoyment it passes to his heirs.
4. There is present, immediate right even when its
enjoyment is postponed.
14. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
Important Points Regarding Contingent Interest
1.Contingent interest is solely depend upon the fulfilment of
any condition, the condition is not fulfilled the interest fails
2. Contingent interest is defeated by the death of
transferee before he obtains possession.
3. It is transferable but whether it is heritable, depends
upon nature of condition, it passes not on heir on the death
of the transferee received to transfer.
4. There is no present right of enjoyment, there is mere a
promise for giving such a right.
15. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
BBA LLB
(Sixth Semester)
Paper Code:306
PROPERTY LAW
UNIT -2
16. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
IMPORTANT INGREDIENTS OF SECTION 53A
OF TRANSFER OF PROPERTY ACT
1. Any person - contract to transfer for consideration
any immoveable property by virtue of contract in
writing signed by him or on his behalf.
2. There should not be any uncertainty.
3.Transferee has in part performance of contract has
taken possession or part possession of the property or is
already in possession and continues to do so in part
performance of the contract
17. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
IMPORTANT INGREDIENTS OF SECTION 53A OF
TRANSFER OF PROPERTY ACT
1. Any person - contract to transfer for consideration any
immoveable property by virtue of contract in writing signed by
him or on his behalf.
2. There should not be any uncertainty.
3. Transferee has in part performance of contract has taken
possession or part possession of the property or is already in
possession and continues to do so in part performance of the
contract
18. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
4. Transferee has performed or willing to perform his part of the
contract i.e. he has paid or ready to pay the consideration– then
Notwithstanding that the contract, registered or not ,or, where
there is an instrument of transfer, that the transfer has not been
completed in the manner prescribed by the law for the time
being in force-
-the transferor shall be debarred from enforcing against the
transferee any right in respect of property, other than the right
specifically provided by the terms of contract.
19. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
SCOPE OF SECTION 2(47)(v) & SECTION 53A OF
TRANSFER OF PROPERTY ACT
The Bombay High Court in Chaturbhuj Dwarkadas
Kapadia vs. CIT 260 ITR 491 observed, that in order
to attract section 53A,the following conditions need to
be fulfilled:-
1. There should be contract for consideration
2. It should be in writing
3. It should be signed by the transferor
4. It should pertain to the transfer of immoveable
property
5. Lastly, transferee should be ready and willing to
perform his part of contract.
20. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
“has performed or is willing to”
.
• Willingness to perform in the context of Section 53A
has to be absolute and unconditional.
• If willingness is studded with a condition ,it is in fact
no more than an offer and cannot be termed as
willingness.
• “Willingness to perform” for the purposes of Section
53A is unconditional willingness on the part of
vendee to perform his obligations.
21. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
.
So if the vendee does not perform or is not willing
to perform his obligations Section 53A does not
come into operation and as the result transaction
in question cannot fall within the scope of a
deemed transfer u/s 2(47)(v) of the Act.
22. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: Sixth Semester
Name of the Subject: Property Law
UNIT 3
23. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Definition of Mortgage
Section 58 of Transfer of property Act 1882 ‘A mortgage is the transfer
of an interest in specific immoveable property for the purpose of securing
any of the following:
1. The payment of money advanced or to be advanced by way of loan,
2. An existing or future debt, or
3. The performance of an engagement which may give rise to a pecuniary
liability. The transferor is called a mortgagor, the transferee a mortgagee;
the principal money and interest of which payment is secured for the time
being are called the mortgage-money, and the instrument (if any) by
which the transfer is effected is called a mortgage-deed. In a mortgage,
out of the bundle of rights which constitute ownership, some are
transferred to the mortgagee and the other rights remain vested in the
mortgagor
24. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
ELEMENTS:
1. Specify immovable property
2. Consideration
3.Transfer of an interest
4. Parties
25. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
KINDS OF MORTGAGE
• Simple Mortgage
• Mortgage by Conditional Sale
• Usufructuary Mortgage
• English Mortgage
• Anomalous Mortgage
26. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Charge
Charge (Section 100)—
Where immoveable property of one person is by act of parties or operation of
law made security for the payment of money to another, and the transaction does
not amount to a mortgage, the latter person is said to have a charge on the
property; and all the provisions herein before contained which apply to a simple
mortgage shall, so far as may be, apply to such charge.
Nothing in this section applies to the charge of a trustee on the trust-property
for expenses properly incurred in the execution of his trust, and, save as
otherwise expressly provided by any law for the time being in force, no charge
shall be enforced against any property in the hands of a person to whom such
property has been transferred for consideration and without notice of the charge.
27. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
How a charge can be created
A charge can be created by Act of parties as well as by operation of law
Charge by Operation of Law Charges by operation of law are based upon the
consideration of duty of implied intention on the part of the owner of the
property to make it answerable for a specific claim. A charge created by a
decree of a competent court is created by operation of law. Instances of
charges created by operation of law:
(a) A Hindu widow’s charge on the family property for her maintenance, if
created by a decree (sec. 39).
(b) A vendor’s charge for unpaid purchase-money [sec. 55(4)]; or the charge
of buyer for advances made by him [sec. 55(6)].
(c) A party entitled to claim contribution under sec.82 also acquires a charge
in respect thereof.
(d) Arrears of government revenue such as municipal taxes are a paramount
charge on the land.
(e) A compromise decree creates a charge on an immovable property
28. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Basis Mortgage
Meaning Mortgage implies the transfer of
ownership interest in a particular
immovable asset.
Creation Mortgage is the result of the act of
parties.
Registration Must be registered under Transfer of
Property Act,1882.
Term Fixed.
Personal liabilities In general, mortgage carries personal
liability, except when excluded by an
express contract.
Distinction between Mortgage and Charge are as follows: -
29. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Semester: Sixth Semester
Name of the Subject: Property Law
Unit - 4
30. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Lease
• It has been defined in section 105 of the Transfer Of Property
Act, 1882.
• A lease of immoveable property is a transfer of a right to enjoy
such property, made for a certain time, express or implied, or in
perpetuity, in consideration of a price paid or promised, or of money,
a share of crops, service or any other thing of value, to be rendered
periodically or on specified occasions to the transferor by the
transferee, who accepts the transfer on such terms.
31. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Lessor, lessee, premium and rent defined
The transferor is called the lessor, the transferee is called the lessee, the price
is called the premium, and the money, share, service or other thing to be so
rendered is called the rent.
HOW LEASE MADE
•A lease of immovable property from year to year, or for any term exceeding
one-year or reserving a yearly rent, can be made only by a registered
instrument.
•All other leases of immovable property may be made either by a registered
instrument or by oral agreement accompanied by delivery of possession.
•Where a lease of immovable property is made by a registered instrument,
such instrument binds both lessor and the lessee
32. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Essential Elements
The essential elements of a lease are as follows:
•Parties- The parties to a lease are the lessor and the lessee. The lessor is also
called the landlord and the lessee the tenant.
•Subject matter of lease- The subject matter of lease must be immovable
property.
•Duration of lease- The right to enjoy the property must be transferred for a
certain time, express or implied or in perpetuity. The lease should commence
either in the present or on some date in future or on the happening of some
contingency, which is bound to happen.
•Consideration- The consideration for lease is either premium or rent, which is
the price paid or promised in consideration of the demise.
•Sub-lease- A lessee can transfer the whole or any part of his interest in the
property by sub-lease. However, this right is subject to the contract to the
contrary and he can be restrained by the contract from transferring his lease by
sub-letting
33. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
How Does A Lease End(sec 111)
•By efflux of the time limited thereby,
•Where such time is limited conditionally on the happening of some
event-by the happening of such event,
•Where the interest of the lessor in the property terminates on, or his
power to dispose of the same extends only to, the happening of any event-
by the happening of such event,
•In case the interests of the lessee and the lessor in the whole of the
property become vested at the same time in one person in the same right,
•By express surrender, that is to say, in case the lessee yields up his
interest under the lease to the lessor, by mutual agreement between them
•By implied surrender
•On the expiration of a notice to determine the lease, or to quit, or of
intention to quit, the property leased, duly given by one party to the other.
34. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
“Gift” (Section 122)
• “Gift” is the transfer of certain existing moveable or
immoveable property made voluntarily and without
consideration, by one person, called the donor, to
another, called the donee, and accepted by or on behalf
of the donee.
• Acceptance when to be made. — Such acceptance
must be made during the lifetime of the donor and while
he is still capable of giving.
• If the donee dies before acceptance, the gift is void.
35. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Transfer how effected (Section 123)—
For the purpose of making a gift of immovable property, the
transfer must be effected by a registered instrument signed by or
on behalf of the donor, and attested by at least two witnesses.
For the purpose of making a gift of moveable property, the
transfer may be effected either by a registered instrument signed
as aforesaid or by delivery. Such delivery may be made in the
same way as goods sold may be delivered.
36. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Section 124 Gift of existing and future property.— A gift
comprising both existing and future property is void as to the
latter.
Section 125 Gift to several of whom one does not accept.—
A gift of a thing to two or more donees, of whom one does
not accept it, is void as to the interest which he would have
taken had he accepted.
37. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
When gift may be suspended or revoked Section
(126).—
The donor and donee may agree that on the happening of any
specified event which does not depend on the will of the donor
a gift shall be suspended or revoked; but a gift which the
parties agree shall be revocable wholly or in part, at the mere
will of the donor, is void wholly or in part, as the case may be.
A gift may also be revoked in any of the cases (save want or
failure of consideration) in which, if it were a contract, it might
be rescinded. Save as aforesaid, a gift cannot be revoked.
Nothing contained in this section shall be deemed to affect the
rights of transferees for consideration without notice.
38. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Onerous gifts Section (127) .—
Where a gift is in the form of a single transfer to the same person of
several things of which one is, and the others are not burdened by an
obligation, the donee can take nothing by the gift unless he accepts it
fully.
Where a gift is in the form of two or more separate and independent
transfers to the same person of several things, the doneee is at liberty to
accept one of them and refuse the others, although the former may be
beneficial and the latter onerous.
39. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Onerous gift to disqualified person.—
A donee not competent to contract and accepting property burdened
by any obligation is not bound by his acceptance. But if, after
becoming competent to contract and being aware of the obligation,
he retains the property given, he becomes so bound.
Illustrations
(a) A has shares in X, a prosperous joint stock company, and also
shares in Y, a joint stock company in difficulties. Heavy calls are
expected in respect of the shares in Y. A gives B all his shares in joint
stock companies. B refuses to accept the shares in Y. He cannot take
the shares in X.
.
40. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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