Goyle's A Commentary on the Transfer of Property Act

This outstanding work appears in its third edition. In this edition, the topics that frequently appear before a busy lawyer, i.e. applicability of the doctrine of lis pendens, part-performance, rule against perpetuity, vested interest, transfer by co-owner, redemption of mortgage, mortgagees right to foreclosure or sale, determination of lease, effect of holding over, mode of creation of gift, have been analysed in the light of pronouncements of the Apex Court and different High Courts. Many critical issues, such as transfer of property in favour of unborn child and universal donee are discussed at length. The work is indispensable for busy lawyers, law-makers and other members of the legal fraternity.

Key Features:

• Transfer in favour of unborn child
• Injunction against stranger purchaser
• Position of a de facto guardian
• Rights and liabilities of a leasee
• Applicability of the doctrine of lis pendens
• Mortgagee?s right to foreclosure or sale

Table of Contents:

• Preface to the Third Edition
• Preface to the First Edition
• Table of Cases
• The Transfer of Property Act 1882
• Preamble
• Chapter I
• Short title, commencement and extent
• Repeal of Acts & saving of certain enactments, incidents, rights, liabilities, etc.
• Interpretation clause
• Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act
• Chapter II
• Of Transfers of Property by Act of Parties
• (A) Transfer of property, whether movable or immovable
• Transfer of property defined
• What may be transferred
• Persons competent to transfer
• Operation of transfer
• Oral transfer
• Condition restraining alienation
• Restriction repugnant to interest created
• Condition making interest determinable on insolvency or attempted alienation
• Transfer for benefit of unborn person
• Rule against perpetuity
• Transfer to class, some of whom come under sections 13 and 14
• Transfer to take effect on failure of prior interest
• Direction for accumulation
• Transfer in perpetuity for benefit of public
• Vested interest
• When unborn person acquires vested interest on transfer for his benefit
• Contingent interest
• Transfer to members of a class who attain a particular age
• Transfer contingent on happening of specified uncertain event
• Transfer to such of certain persons as survive at some period not specified
• Conditional transfer
• Fulfilment of condition precedent
• Conditional transfer to one person coupled with transfer to another on failure of prior disposition
• Ulterior transfer conditional on happening or not happening of specified event
• Fulfilment of condition subsequent
• Prior disposition not affected by invalidity of ulterior disposition
• Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
• Such condition must not be invalid
• Transfer conditional on performance of act, no time being specified for performance
• Transfer conditional on performance of act, time being specified
• Election
• Election when necessary
• Apportionment
• Apportionment of periodical payments on determination of interest of person entitled
• Apportionment of benefit of obligation on severance
• (B) Transfer of immovable property
• Transfer by person authorised only under certain circumstances to transfer
• Transfer where third person is entitled to maintenance
• Burden of obligation imposing restriction on use of land Or of obligation annexed to ownership but not amounting to interest or easement
• Transfer by ostensible owner
• Transfer by person having authority to revoke former transfer
• Transfer by unauthorised person who subsequently acquires interest in property transferred
• Transfer by one co-owner
• Joint transfer for consideration
• Transfer for consideration by persons having distinct interests
• Transfer by co-owners of share in common property
• Priority of rights created by transfer
• Transferee's right under policy
• Rent bonafide paid to holder under defective title
• Improvements made by bona fide holders under defective titles
• Transfer of property pending suit relating thereto
• Fraudulent transfer
• Part performance
• Chapter III
• Of Sales of Immovable Property Sale defined
• Rights and liabilities of buyer and seller
• Marshalling by subsequent purchaser
• Discharge of encumbrances on sale Provision by court for encumbrances and sale freed therefrom
• Of Mortgages of Immovable Property and Charges, Mortgage, mortgage-money defined
• Mortgage when to be by assurance
• References to mortgagors and mortgagees to include persons deriving title from them
• Rights and liabilities of mortgagor
• Right of mortgagor to redeem
• Obligation to transfer to third party instead of re-transference to mortgagor
• Right to inspection and production of documents
• Right to redeem separately or simultaneously
• Right of usufructuary mortgagor to recover possession
• Accession to mortgaged property
• Accession acquired in virtue of transferred ownership
• Improvements to mortgaged property
• Renewal of mortgaged lease
• Implied contracts by mortgagor
• Mortgagor's power to lease
• Waste by mortgagor in possession
• Rights and liabilities of mortgagee ; Right to foreclosure or sale
• Mortgagee when bound to bring one suit on several mortgages
• Right to sue for mortgage-money
• Power of sale when valid
• Appointment of receiver
• Accession to mortgaged property
• Renewal of mortgaged lease
• Rights of mortgagee in possession
• Right to proceeds of revenue sale or compensation on acquisition
• Rights of subsequent mortgagee to pay off prior mortgagee
• Rights of mesne mortgagee against prior and subsequent mortgagees
• Liabilities of mortgagee in possession
• Receipts in lieu of interest
• Postponement of prior mortgagee
• Mortgage to secure uncertain amount when maximum is expressed
• Tacking abolished
• Marshalling and contribution; Marshalling securities
• Contribution to mortgage debt
• Deposit in court; Power to deposit in Court money due on mortgage
• Right to money deposited by mortgaged
• Cessation of interest
• Suits for foreclosure, sale or redemption
• Parties to suits for foreclosure, sale and redemption
• Forclosure and sale [Repealed]
• Redemption; Persons who may sue for redemption
• Subrogation
• Prohibition of tacking
• Rights of mesne mortgagee
• Right of redeeming co-mortgagor to expenses
• Mortgage by deposit of title-deeds
• Application of proceeds
• Anomalous mortgages; Rights and liabilities of parties to anomalous mortgages
• Attachment of mortgaged property; Attachment of mortgaged property
• Charges
• No merger in case of subsequent encumbrance
• Notice and tender; Service or tender on or to agent
• Notice, etc., to or by person incompetent to contract
• Power to make rules
• Chapter V
• Of Leases of Immovable Property
• Lease defined
• Lessor, lessee, premium and rent defined
• Duration of certain leases in absence of written contract or local usage
• Leases how made
• Rights and liabilities of lessor and lessee
• Rights of lessor's transferee
• Exclusion of day on which term commences
• Determination of lease
• Waiver of forfeiture
• Waiver of notice to quit
• Relief against forfeiture for non-payment of rent
• Relief against forfeiture in certain other cases
• Effect of surrender and forfeiture on under-leases
• Effect of holding over
• Exemption of leases for agricultural purposes
• Chapter VI
• Of Exchanges
• Exchange defined
• Right of party deprived of thing received in exchange
• Rights and liabilities of parties
• Exchange of money
• Chapter VII
• Of Gifts defined
• Acceptance when to be made
• Transfer how effected
• Gift of existing and future property
• Gift to several of whom one does not accept
• When gift may be suspended or revoked
• Onerous gifts
• Onerous gift to disqualified person
• Universal donee
• Saving of donations mortis causa and Muhammadan Law
• Of Transfers of Actionable Claims; Transfer of actionable claim
• Transfer of policy of marine insurance
• Notice to be in writing, signed
• Liability of transferee of actionable claim
• Warranty of solvency of debtor
• Mortgaged debt
• Assignment of rights under policy of insurance against fire
• Assignment of rights under policy of marine insurance
• Incapacity of officers connected with Courts of Justice
• Saving of negotiable instruments, etc.
• The Schedule
• The Indian Easements Act 1882
• Preamble
• Short title
• Local extent
• Commencement
• Savings
• Construction of certain references to Act XV of 1877 and Act IX of 1871
• Chapter I
• Of Easements Generally Easement defined
• Continuous and discontinuous, apparent and non-apparent easements
• Easement for limited time or on condition
• Easements restrictive of certain rights
• The Imposition, Acquisition and Transfer of Easements
• Who may impose easements
• Servient owners
• Lessor and mortgagor
• Lessee
• Who may acquire easements
• Easements of necessity and quasi-easements
• Direction of way of necessity
• Acquisition by prescription
• Exclusion in favour of reversioner of servient heritage
• Rights which cannot be acquired by prescription
• Customary easements
• Transfer of dominant heritage passes easement
• Chapter III The Incidents of Easements
• Rules controlled by contract or title
• Bar to use unconnected with enjoyment
• Exercise of easement. Confinement of exercise of easement; Right to alter mode of enjoyment
• Right to do acts to secure enjoyment
• Accessory rights
• Liability for expenses necessary for preservation of easements
• Liability for damage for want of repair
• Servient owner not bound to do anything
• Extent of easements
• Easement of necessity
• Other easements
• Increase of easement
• Partition of dominant heritage
• Obstruction in case of excessive user
• Chapter IV
• The Disturbance of Easements' Right to enjoyment without disturbance
• Suit for disturbance of easement
• When cause of action arises for removal of support
• Injunction to restrain disturbance
• Abatement of obstruction of easement
• Chapter V
• The Extinction, Suspension and Revival of Easements
• Extinction by dissolution of right of servient owner
• Extinction by release
• Extinction by revocation
• Extinction on expiration of limited period or happening of dissolving condition
• Extinction on termination of necessity
• Extinction of useless easement
• Extinction by permanent change in dominant heritage
• Extinction on permanent alteration of servient heritage by superior force
• Extinction by destruction of either heritage
• Extinction by unity of ownership
• Extinction by non-enjoyment
• Extinction of accessory rights
• Suspension of easement
• Servient owner not entitled to require continuance
• Compensation for damage coused by extinguishment or suspension
• Revival of easement
• ?Licence's defined
• Who may grant licence
• Grant may be express or implied
• Accessory licences annexed by law
• Licence when transferable
• Grantor's quos duty to disclose defects
• Grantor's quos duty not to render property unsafe
• Grantor's quos transferee not bound by licence
• Licence when revocable
• Revocation express or implied
• Licence when deemed revoked
• Licensee's quos rights on revocation
• Licensee's quo;s rights on eviction
• Appendices
• Appendix
• The Registration Act 1908
• The Government Grants Act 1895
• The Partition Act
• The Powers-of-Attorney Act 1882
• The Code of Civil Procedure 1908