Law of Property
Q.1: Define and differentiate between vested interest and contingent interest.
Vested Interest:
A vested interest is a right in a property that is already given to a person, but the possession may be delayed. It does not depend on any future event and is transferable and heritable.
Contingent Interest:
A contingent interest is a right in a property that depends on a future uncertain event. If the event does not happen, the person does not get the property. It is not transferable or heritable unless the condition is fulfilled.
Difference:
1. Certainty: Vested interest is certain, while contingent interest depends on an uncertain event.
2. Transferability: Vested interest can be transferred, but contingent interest cannot be transferred unless the condition is fulfilled.
3. Heredity: Vested interest passes to legal heirs, but contingent interest does not if the condition is not met.
Q.2: Write acomprehensive note on "Doctrine of Flectum" under the Transfer of Property Act.?
The Doctrine of Flectum is not a recognized or established doctrine under the Transfer of Property Act, 1882 or any other well-known legal framework related to property law. It seems like there might be a typographical or conceptual error in the term.
If you were referring to any specific doctrine related to property law, kindly clarify so that I can provide a detailed and accurate explanation. However, if you meant a doctrine related to the transfer of property, here are some essential doctrines under the Transfer of Property Act, 1882 that might be relevant:
1. Doctrine of Lis Pendens (Section 52)
It states that during a pending court case over a property, the property cannot be transferred to another party.
This doctrine ensures that the subject matter of litigation remains unchanged until the case is resolved.
2. Doctrine of Election (Section 35)
If a person benefits from a property transfer, they must also accept any conditions attached to it.
They cannot accept the benefits while rejecting the burdens.
3. Doctrine of Part Performance (Section 53A)
If a person has taken possession of a property under an agreement but the formal transfer deed is not executed, they still have legal protection.
The transferor cannot later deny the transfer if the transferee has fulfilled their part of the contract.
Q.3: Can a property be transferred in favor of an unborn person?
Yes, property can be transferred to an unborn person, but with conditions.
Provision: According to Section 13 of the Transfer of Property Act, 1882, property cannot be directly transferred to an unborn person. Instead, it must first be transferred to a living person who will hold it u itntil the unborn person is born. Once the unborn person comes into existence, they get full ownership of the property.
Example: A transfers property to B for life, and after B’s death, to B’s unborn child. Here, the property is first given to B, and after the child is born and B dies, the child will get the property.
Q.4: Doctrine of "Lis Pendens" in pith and substance is not only based on equity but also on good conscience and justice. Elaborate.
Doctrine of Lis Pendens (Latin: "pending litigation") is given under Section 52 of the Transfer of Property Act, 1882. It means that if a property is under litigation, it cannot be transferred to another person until the case is resolved.
Principle of Equity and Justice:
1. Prevents fraud: If parties transfer property during a lawsuit, it may create confusion and fraud.
2. Protects legal rights: The buyer of such property may not get clear ownership if the case is decided against the seller.
3. Ensures fair trial: No party should change the subject matter of a case to mislead the court.
Example: A and B are fighting a case over a house. If A sells the house to C during the case, and later B wins, C will not have any right over the house because of the doctrine of lis pendens.
Q.5: A document, not in itself creating a right in immovable property but merely creating a right to obtain another document which will, when executed, create such a right, is needed to be registered?
Yes, it needs to be registered.
Provision: Section 17(2)(v) of the Registration Act, 1908 states that if a document does not directly transfer property but only creates a right to get another document that will transfer property, then registration is required.
Reason: This ensures legal validity and prevents disputes over ownership and future claims.
Q.6: If a document is presented for registration in a language that the registering officer does not understand and which is not commonly used in the district, what procedure should be followed?
Procedure: According to Section 19 of the Registration Act, 1908, if a document is in a language unknown to the registering officer and is not commonly used in the district, then:
1. The party presenting the document must provide a true translation in a language the officer understands.
2. The translation must be verified and authenticated to ensure accuracy.
3. The registering officer will proceed with registration only after confirming the correctness of the translation.
This rule ensures that documents are correctly understood and legally valid before registration.
2020
Q1: Explain the mortgage and discuss different kinds of mortgage.?
A mortgage is a legal agreement where a person borrows money and gives their property as security for repayment. If they fail to repay, the lender can take ownership of the property.
Types of mortgages:
1. Simple Mortgage – The borrower agrees to repay the loan, and if they fail, the lender can sell the property.
2. Mortgage by Conditional Sale – The property is sold with a condition that if the loan is repaid, the sale is canceled.
3. Usufructuary Mortgage – The lender gets possession of the property and can use its income (rent, profits) until the loan is repaid.
4. English Mortgage – The borrower transfers property ownership to the lender but will get it back after full repayment.
5. Equitable Mortgage – The borrower deposits property documents as security without formally transferring ownership.
Q2: What is sale? Discuss the rights and duties of a buyer?
A sale is a transfer of ownership of goods or property from one person to another in exchange for money.
Rights of the Buyer:
To receive the property in good condition.
To get the property with a clear title (without legal problems).
To take legal action if the seller misrepresents the property.
Duties of the Buyer:
To pay the agreed price.
To check the legal status of the property before buying.
To take possession of the property after purchase.
Q3: Explain the clog on the right of redemption.?
A clog on the right of redemption means any condition in a mortgage that stops the borrower from reclaiming their property after repaying the loan. The law does not allow lenders to impose unfair conditions that prevent the borrower from getting back their property.
Q4: Define transfer of property. What may be transferred?
A transfer of property means passing the ownership of property from one person to another. This can be done through sale, gift, mortgage, lease, or exchange.
What can be transferred?
Land
Houses
Shops
Rights related to property (like rental income)
Some things cannot be transferred, such as government-owned land or property restricted by law.
Q5: Who is an ostensible owner? Explain the law relating to transfer of property by an ostensible owner.?
An ostensible owner is someone who appears to be the real owner of a property but is not the true owner. They have the permission of the actual owner to manage the property.
According to Section 41 of the Transfer of Property Act, 1882, if a buyer purchases property from an ostensible owner in good faith and with due care, the sale is valid, even if the seller was not the real owner.
Q6: What steps are taken by the land acquisition collector before making an award?
Before making an award (final decision on compensation), the land acquisition collector follows these steps:
1. Public Notice – Informing landowners about the acquisition.
2. Hearing Objections – Allowing affected persons to express concerns.
3. Survey and Valuation – Assessing the land’s market value.
4. Compensation Calculation – Deciding the fair amount to be paid to landowners.
5. Award Announcement – Issuing the final decision on compensation and acquiring the land.
Q7: Discuss the procedure for acquisition of land in case of urgency.?
In urgent situations, such as for public welfare projects, the government can take possession of land before completing the normal acquisition process. Under Section 17 of the Land Acquisition Act, 1894, the key steps are:
1. Government issues a notification for urgent land acquisition.
2. The landowner is given a short notice period.
3. The government pays partial compensation immediately.
4. Full compensation is finalized later.
This process is used for projects like highways, railways, or defense purposes.
Q8: Describe reference to court in the collector's statement to the court?
If a landowner disagrees with the compensation given by the collector, they can request a reference to the court. The collector will send all related documents to the court, and the court will decide whether the compensation should be increased or changed.
2021
SECTION - I
Q.1 What do you understand by transfer of property and what property is transferable? Discuss in detail?
Answer:
The transfer of property refers to the act of conveying ownership or interest in a property from one person to another. According to Section 5 of the Transfer of Property Act, 1882, property can be transferred by a living person to one or more other persons or to himself and one or more other persons. The transfer can be made through sale, mortgage, lease, gift, or exchange.
The following properties are transferable:
1. Tangible and intangible property
2. Movable and immovable property
3. Future property (subject to legal limitations)
4. Property held in trust
However, certain properties are non-transferable, such as:
1. A mere right to sue
2. Public offices
3. Religious endowments
4. Interests restricted to personal enjoyment (e.g., service tenures)
Q.2 Elaborate whether an actionable claim is a property under the Transfer of Property Act, 1882?
Answer:
An actionable claim is a claim to a debt or any beneficial interest in movable property that is not in the possession of the claimant but can be claimed through legal action. Section 3 of the Transfer of Property Act, 1882, defines actionable claims and states that they can be transferred under the law.
Examples include:
1. Unsecured debts
2. Beneficial interest in a contract
3. Insurance claims
The transfer of actionable claims is governed by Section 130 of the Act, which states that such transfers must be in writing and signed by the transferor. Once transferred, the transferee has the right to recover the claim.
Q.3 Elaborate precisely conditions that must be fulfilled in order to transfer property for the benefit of an unborn person under Section 13 of the Transfer of Property Act, 1882.?
Answer:
Section 13 of the Transfer of Property Act, 1882, allows the transfer of property for the benefit of an unborn person, subject to certain conditions:
1. The property must be first transferred to a living person for life.
2. The unborn person must be in existence at the time of the termination of the prior interest.
3. The transfer must be absolute, meaning that the unborn person must receive full ownership rights.
4. A trust must be created in favor of the unborn person if needed.
This section ensures that property can be safeguarded for future generations while maintaining legal continuity.
Q.4 Put torch on the rights and liabilities of buyer and seller under Section 55 of the Transfer of Property Act, 1882.?
Answer:
Section 55 of the Transfer of Property Act, 1882, outlines the rights and liabilities of buyers and sellers in a property transaction.
Duties of the Seller:
1. To disclose material defects in the property.
2. To provide all related documents of the property.
3. To transfer the ownership to the buyer upon payment.
4. To bear any charges or encumbrances on the property before the sale.
Duties of the Buyer:
1. To pay the agreed consideration amount.
2. To take possession of the property upon completion of the sale.
3. To bear expenses related to the transfer.
4. To examine all documents and ensure proper verification before purchase.
SECTION - II
Q.5 What remedies are available against the Sub-Registrar in case of refusal to register a document under the Registration Act, 1908?
Answer:
If a Sub-Registrar refuses to register a document under the Registration Act, 1908, the affected party has the following remedies:
1. Appeal to the Registrar (Section 72): The aggrieved person can file an appeal to the Registrar within 30 days of refusal.
2. Application to the Civil Court (Section 77): If the Registrar upholds the refusal, the applicant can file a suit in a civil court to compel registration.
3. Legal Notice to the Registrar: The applicant may serve a legal notice and demand a valid reason for refusal.
4. Writ Petition: In case of illegal refusal, a writ petition can be filed in the High Court for judicial intervention.
Q.6 If any document is duly presented for registration but reduced in a language that the registering officer does not understand, and which is not commonly used in the district. In such a condition what procedure has to be adopted by the registering officer?
Answer:
According to Section 19 of the Registration Act, 1908, if a document presented for registration is in a language not commonly used in the district and is not understood by the registering officer, the following procedure must be adopted:
1. The registering officer may require a translation of the document in an official language.
2. The officer may also demand a certified copy in the local language.
3. If necessary, the officer may call for an interpreter or translator to verify the contents.
4. The translation and certification must be done by an authorized individual before registration is completed.
2022
SECTION – I
Q1: What is the transfer of property pending suit related thereto? Cite any case law in support of your answer?
The concept of transfer of property pending suit is covered under the doctrine of Lis Pendens, as stated in Section 52 of the Transfer of Property Act, 1882. This doctrine prevents the transfer of property when litigation concerning its title or rights is pending in a competent court.
The principle is that a party to a lawsuit should not change the status of the disputed property in a way that affects the outcome of the case.
Any transfer made during litigation is subject to the final decision of the court.
Case Law: Bellamy v. Sabine (1857) established that the doctrine of Lis Pendens applies even if the purchaser was unaware of the pending suit.
Q2: Discuss fraudulent transfer of property. Give illustrations and reasons for it?
A fraudulent transfer refers to the transfer of property made with an intention to deceive creditors or any other interested party. This is covered under Section 53 of the Transfer of Property Act, 1882.
If a person transfers property to avoid paying debts or legal obligations, the court may declare such a transfer as void.
Illustration: A debtor, knowing that he is about to lose a lawsuit and must pay damages, transfers his property to a friend or relative to evade liability.
Reason: The law prevents dishonest transactions that harm creditors or lawful claimants.
Q3: What are the rights and liabilities of the seller and buyer? Give valid reasons for your answer?
The rights and liabilities of a seller and buyer in a property transaction are primarily defined under Section 55 of the Transfer of Property Act, 1882.
Rights of the Seller:
Right to receive the sale price.
Right to be indemnified if the property is subject to legal defects not disclosed to the buyer.
Liabilities of the Seller:
To disclose material defects in the property.
To transfer the title and possession upon full payment.
Rights of the Buyer:
Right to receive possession and a valid title.
Right to be informed about any legal encumbrances.
Liabilities of the Buyer:
To pay the agreed price.
To bear the cost of registration unless agreed otherwise.
SECTION – II
Q4: Enumerate those documents for which registration is compulsory under the law. Cite any case law in support of your answer?
Under Section 17 of the Registration Act, 1908, the following documents require mandatory registration:
1. Sale deed of immovable property above Rs. 100.
2. Gift deeds of immovable property.
3. Lease agreements of more than one year.
4. Mortgage deeds other than equitable mortgages.
5. Partition deeds if related to immovable property.
Case Law: Suraj Lamp & Industries v. State of Haryana (2012) held that unregistered agreements to sell do not confer ownership rights.
Q5: List those documents for which registration is optional. Explain fully in detail along with examples?
Under Section 18 of the Registration Act, 1908, registration is optional for:
1. Will – It can be registered voluntarily, but it is legally valid even if unregistered.
2. Lease agreements for less than one year.
3. Agreements related to movable property (e.g., sale of vehicles).
4. Powers of attorney (except for transferring immovable property).
5. Memorandum of deposit of title deeds under equitable mortgage.
Example: A lease agreement of six months does not require registration, but one for two years does.
SECTION – III
Q6: Discuss the procedure of inquiry and award by the Collector?
The Land Acquisition Act, 1894 and its updated provisions under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, outline the procedure:
1. Preliminary Notification: The government issues a notification under Section 4, informing the public about the intended acquisition.
2. Objections and Hearing: Affected parties can raise objections within a prescribed time.
3. Survey and Valuation: The Collector conducts an inquiry into the value and ownership of the land.
4. Declaration of Public Purpose: If the acquisition is justified, the government declares it under Section 6.
5. Award of Compensation: The Collector assesses the compensation based on market value, damages, and rehabilitation needs.
Q7: Explain in detail how a declaration is made if land is acquired for public purpose?
For public purposes, such as building roads, railways, or government projects, land acquisition follows these steps:
1. Identification of Land: The government identifies the land required.
2. Notification under Section 4: The intention to acquire is published in the
official gazette.
3. Hearing of Objections: Landowners can submit objections within 30 days.
4. Declaration under Section 6: If objections are overruled, the government declares the acquisition necessary.
5. Compensation Award: The Collector determines fair compensation and offers rehabilitation if needed.
6. Possession of Land: After compensation is paid, the government takes possession.
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