UP JUDICIARY Transfer of Property Act, 1882 Syllabus

UP JUDICIARY Transfer of Property Act, 1882: topic-wise syllabus

1. 1

   General Principles of Transfer (Sections 5-18)

   • Definition: Transfer of Property (Section 5), Immovable Property (Section 3)
   • Competence to Transfer (Section 6): Property That May Be Transferred, Property That Cannot (Spes Successionis, Right of Re-entry, etc.)
   • Operation of Transfer (Sections 8-9): What Passes on Transfer
   • Conditional Transfers (Sections 10-14): Condition Subsequent, Condition Precedent
   • Transfer to Unborn Person (Section 13), Rule Against Perpetuities (Section 14)
   • Vested and Contingent Interests (Sections 19-21)
   • Case Law: State of UP v District Judge (Rule Against Perpetuities); Sopher v Ahmedabad (Unborn Person)
2. 2

   Important Doctrines (Sections 41-53)

   • Doctrine of Lis Pendens (Section 52): Stay of Transfer Pending Suit
   • Doctrine of Fraudulent Transfer (Section 53): Transfers to Defeat Creditors Voidable
   • Doctrine of Part Performance (Section 53A): Possession in Pursuance of Contract
   • Doctrine of Election (Section 35): Person Cannot Accept and Reject Same Instrument
   • Doctrine of Feeding Grant by Estoppel (Section 43): Transfer by Unauthorised Person
   • Case Law: Hamda Ammal v Avadiappa Pathar (Lis Pendens); Shrimati Savitri v FAICT (Part Performance)
3. 3

   Sale of Immovable Property (Sections 54-57)

   • Definition of Sale (Section 54): Transfer of Ownership for a Price, Registration Required
   • Rights and Liabilities of Buyer and Seller (Sections 55): Title, Charge for Price, Encumbrances
   • Marshalling by Buyer (Section 56), Discharge of Encumbrances (Section 57)
4. 4

   Mortgage and Charge (Sections 58-100)

   • Definition of Mortgage (Section 58), Mortgagor, Mortgagee, Mortgage Deed
   • Kinds of Mortgages: Simple (Section 58b), Mortgage by Condition Sale (Section 58c), English Mortgage (Section 58e), Equitable (Section 58f), AnomalousRights of Mortgagor (Sections 60-66): Redemption, Partial Redemption (Section 60), Accession (Section 63), Renewal (Section 64), Implied Contract (Section 65)
   • Right of Redemption (Section 60): Once a Mortgage Always a Mortgage, No Clog on Redemption
   • Foreclosure and Sale (Sections 67-68): Mortgagee's Right
   • Rights of Mortgagee (Sections 69-77): Sale, Receiver, Accounts
   • Priorities: Mortgages (Sections 78-80), Subrogation (Sections 91-96)
   • Charge (Section 100): Definition, Differs from Mortgage, Enforcement
   • Case Law: Pomal Kanji Govindji v Vrajlal Karsandas Purohit (Clog on Redemption); Gappulal v Thakurji (Subrogation)
5. 5

   Lease, Exchange, and Gift (Sections 105-127)

   • Lease of Immovable Property (Section 105): Lessor, Lessee, Premium, Rent, Term
   • Duration, Registration, Determination (Sections 106-117): Lapse, Merger, Surrender, Forfeiture
   • Exchange (Sections 118-121): Mutual Transfer of Ownership
   • Gift (Sections 122-127): Definition, Essentials, Donor-Donee, Acceptance, Gift to Unborn, Onerous Gift
   • Revocation of Gift: Completed vs Incomplete, Conditions, Fraud
6. 6

   Transfers of Actionable Claims (Sections 130-137)

   • Definition of Actionable Claim (Section 3), Transfer (Section 130)
   • Transfer of Insurance Policy (Section 131), Negotiable Instruments (Section 137)