Manohar & Chitaley The Transfer of Property Act

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? The Transfer of Property Act, 1882 – Content Overview

1?? Preliminary

• Short title, extent, commencement

• Interpretation clause

2?? Of Transfers of Property by Act of Parties

• What may be transferred

• Persons competent to transfer

• Operation of transfer

• Oral transfer

• Conditions restraining alienation

• Transfer for benefit of unborn person

• Rule against perpetuity

• Vested and contingent interests

• Conditional transfers

• Election

• Apportionment

3?? Transfer of Property Pending Suit (Doctrine of Lis Pendens)

• Effect of pendency of suit on transfer

4?? Fraudulent Transfers

• Transfer with intent to defeat or delay creditors

5?? Part Performance

• Doctrine of part performance

6?? Sale of Immovable Property

• Definition and essentials

• Rights and liabilities of buyer and seller

• Contract for sale

7?? Mortgage of Immovable Property

• Definition and kinds of mortgage

• Simple mortgage

• Mortgage by conditional sale

• Usufructuary mortgage

• English mortgage

• Mortgage by deposit of title deeds

• Anomalous mortgage

• Rights and liabilities of mortgagor and mortgagee

• Redemption

• Foreclosure and sale

8?? Leases of Immovable Property

• Definition and essentials

• Duration of leases

• Rights and liabilities of lessor and lessee

• Determination of lease

9?? Exchange

• Definition

• Rights and liabilities of parties

10?? Gifts

• Definition and essentials

• Transfer how effected

• Onerous gifts

• Universal donee

11?? Actionable Claims

• Meaning and transfer of actionable claims