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Poonam Pradhan Saxena: Property Law, 3Rd Ed Poonam Pradhan Saxena: Property Law, 3Rd Ed Dr Poonam Pradhan Saxena

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Poonam Pradhan Saxena: Property Law, 3Rd Ed Poonam Pradhan Saxena: Property Law, 3Rd Ed Dr Poonam Pradhan Saxena Date and Time: 27 July 2020 19:39:00 IST Job Number: 121984425 Documents (100) 1. General Introduction Client/Matter: -None- 2. SCOPE OF THE ACT Client/Matter: -None- 3. BASIC OBJECTIVES OF THE ACT Client/Matter: -None- 4. LEGISLATIVE COMPETENCE Client/Matter: -None- 5. APPLICATION OF THE ACT Client/Matter: -None- 6. [S 2.1] HINDU LAW Client/Matter: -None- 7. [S 2.2] TERRITORIAL APPLICATION Client/Matter: -None- 8. [S 2.3] SUBSEQUENT EXTENSION OF THE ACT Client/Matter: -None- 9. [S 2.4] SPECIAL LAWS TO OUST THE APPLICATION OF THE TRANSFER OF PROPERTY ACT, 1882 Client/Matter: -None- 10. Chapter 1 Movable and Immovable Properties Client/Matter: -None- 11. RELEVANCE OF STUDYING THE DISTINCTION BETWEEN MOVABLE AND IMMOVABLE PROPERTY Client/Matter: -None- 12. PROPERTY Client/Matter: -None- 13. INTERPRETATION CLAUSE Client/Matter: -None- 14. DOCTRINE OF FIXTURES Client/Matter: -None- 15. ATTESTATION Client/Matter: -None- 16. GENERAL PRINCIPLE Client/Matter: -None- 17. NOTICE Client/Matter: -None- 18. GENERAL PRINCIPLE Client/Matter: -None- 19. KINDS OF NOTICE | About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2020 LexisNexis Client/Matter: -None- 20. REGISTRATION AS CONSTRUCTIVE NOTICE Client/Matter: -None- 21. GENERAL PRINCIPLE Client/Matter: -None- 22. LEGISLATIVE HISTORY Client/Matter: -None- 23. ACTUAL POSSESSION AS CONSTRUCTIVE NOTICE Client/Matter: -None- 24. GENERAL PRINCIPLE Client/Matter: -None- 25. NOTICE TO THE AGENT Client/Matter: -None- 26. LEGISLATIVE HISTORY Client/Matter: -None- 27. MEANING OF TRANSFER OF PROPERTY Client/Matter: -None- 28. PROPERTY Client/Matter: -None- 29. WHAT MAY BE TRANSFERRED Client/Matter: -None- 30. EASEMENT Client/Matter: -None- 31. PERSONS COMPETENT TO TRANSFER Client/Matter: -None- 32. CAPACITY TO TRANSFER PROPERTY Client/Matter: -None- 33. OPERATION OF TRANSFER Client/Matter: -None- 34. ORAL TRANSFER Client/Matter: -None- 35. CONDITIONS RESTRAINING ALIENATION Client/Matter: -None- 36. RESTRICTIONS REPUGNANT TO THE INTEREST CREATED Client/Matter: -None- 37. CONDITION MAKING INTEREST DETERMINABLE ON INSOLVENCY OR ATTEMPTED ALIENATION Client/Matter: -None- 38. CONDITION FOR THE BENEFIT OF THE LESSOR Client/Matter: -None- 39. TRANSFER FOR THE BENEFIT OF UNBORN PERSONS Client/Matter: -None- 40. DIFFERENCE BETWEEN ENGLISH LAW AND INDIAN LAW Client/Matter: -None- 41. RULE UNDER HINDU LAW (SECTION 113) | About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2020 LexisNexis Client/Matter: -None- 42. RULE AGAINST PERPETUITY Client/Matter: -None- 43. MEANING OF PERPETUITY Client/Matter: -None- 44. INALIENABILITY OF PROPERTY TO ITS DETRIMENT Client/Matter: -None- 45. TRANSFER TO A CLASS Client/Matter: -None- 46. LEGISLATIVE HISTORY Client/Matter: -None- 47. TRANSFER TO TAKE EFFECT ON FAILURE OF PRIOR INTEREST Client/Matter: -None- 48. DIRECTION FOR ACCUMULATION OF INCOME Client/Matter: -None- 49. ACCUMULATIONS FOR THE BENEFIT TO PUBLIC Client/Matter: -None- 50. VESTED AND CONTINGENT INTERESTS Client/Matter: -None- 51. WHEN UNBORN PERSON ACQUIRES VESTED INTEREST ON TRANSFER FOR HIS BENEFIT Client/Matter: -None- 52. VESTED INTEREST LIABLE TO BE DIVESTED SUBSEQUENTLY Client/Matter: -None- 53. CASE LAWS RELATING TO CONTINGENT INTEREST Client/Matter: -None- 54. TRANSFER TO MEMBERS OF A CLASS WHO ATTAIN A PARTICULAR AGE Client/Matter: -None- 55. TRANSFER CONTINGENT ON HAPPENING OF SPECIFIED UNCERTAIN EVENT Client/Matter: -None- 56. TRANSFER TO SUCH OF CERTAIN PERSONS AS SURVIVE AT SOME PERIOD NOT SPECIFIED Client/Matter: -None- 57. CONDITIONAL TRANSFER Client/Matter: -None- 58. GENERAL PRINCIPLE OF CONDITIONAL TRANSFERS Client/Matter: -None- 59. VOID CONDITIONS Client/Matter: -None- 60. TRANSFERS WITH FULFILMENT OF CONDITION PRECEDENT Client/Matter: -None- 61. CONDITIONAL TRANSFER TO ONE PERSON COUPLED WITH TRANSFER TO ANOTHER ON FAILURE OF PRIOR DISPOSITION Client/Matter: -None- 62. ULTERIOR TRANSFER CONDITIONAL ON HAPPENING OR NOT HAPPENING OF SPECIFIED EVENT Client/Matter: -None- | About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2020 LexisNexis 63. REPUGNANCY Client/Matter: -None- 64. FULFILMENT OF CONDITION SUBSEQUENT Client/Matter: -None- 65. IGNORANCE OF THE CONDITION NOT AN EXCUSE FOR ITS NON-FULFILMENT Client/Matter: -None- 66. PRIOR DISPOSITION NOT AFFECTED BY INVALIDITY OF ULTERIOR DISPOSITION Client/Matter: -None- 67. CONDITION THAT TRANSFER SHALL CEASE TO HAVE EFFECT IN CASE SPECIFIED UNCERTAIN EVENT HAPPENS OR DOES NOT HAPPEN Client/Matter: -None- 68. SUCH CONDITION MUST NOT BE INVALID Client/Matter: -None- 69. TRANSFER CONDITIONAL ON PERFORMANCE OF ACT, NO TIME BEING SPECIFIED FOR PERFORMANCE Client/Matter: -None- 70. TRANSFER CONDITIONAL ON PERFORMANCE OF ACT TIME BEING SPECIFIED Client/Matter: -None- 71. ELECTION Client/Matter: -None- 72. APPORTIONMENT Client/Matter: -None- 73. APPORTIONMENT OF BENEFIT OF OBLIGATION ON SEVERANCE Client/Matter: -None- 74. TRANSFER AUTHORISED ONLY UNDER CERTAIN CIRCUMSTANCES TO TRANSFER Client/Matter: -None- 75. RECITALS IN THE SALE DEED Client/Matter: -None- 76. PARTIAL NECESSITY Client/Matter: -None- 77. TRANSFER WHERE THE THIRD PARTY IS ENTITLED TO MAINTENANCE Client/Matter: -None- 78. MAINTENANCE Client/Matter: -None- 79. BURDEN OF OBLIGATION IMPOSING RESTRICTION ON USE OF LAND Client/Matter: -None- 80. OBLIGATIONS ANNEXED TO OWNERSHIP BUT NOT AMOUNTING TO INTEREST OR EASEMENTS Client/Matter: -None- 81. NOTICE Client/Matter: -None- 82. TRANSFER BY OSTENSIBLE OWNER Client/Matter: -None- 83. OSTENSIBLE OWNER Client/Matter: -None- | About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2020 LexisNexis 84. TRANSFER BY PERSON HAVING AUTHORITY TO REVOKE FORMER TRANSFER Client/Matter: -None- 85. UNAUTHORISED PERSON SUBSEQUENTLY ACQUIRING INTEREST IN THE TRANSFERRED PROPERTY Client/Matter: -None- 86. ANALYSIS OF SECTION 43 Client/Matter: -None- 87. APPLICATION OF THE DOCTRINE Client/Matter: -None- 88. TRANSFERS Client/Matter: -None- 89. TRANSFER BY ONE CO-OWNER Client/Matter: -None- 90. JOINT TRANSFER FOR CONSIDERATION Client/Matter: -None- 91. TRANSFER FOR CONSIDERATION BY PERSONS HAVING DISTINCT INTERESTS Client/Matter: -None- 92. TRANSFER BY CO-OWNERS OF SHARE IN COMMON PROPERTY Client/Matter: -None- 93. PRIORITY OF RIGHTS CREATED BY TRANSFER Client/Matter: -None- 94. TRANSFEREE’S RIGHTS UNDER POLICY Client/Matter: -None- 95. RENT BONA FIDE PAID TO THE HOLDER UNDER DEFECTIVE TITLE Client/Matter: -None- 96. IMPROVEMENTS MADE BY BONA FIDE HOLDERS UNDER DEFECTIVE TITLE Client/Matter: -None- 97. ABSOLUTE TRANSFER Client/Matter: -None- 98. IMPROVEMENTS Client/Matter: -None- 99. JOINT HINDU FAMILY Client/Matter: -None- 100. TRANSFER OF PROPERTY PENDING SUIT RELATING THERETO Client/Matter: -None- | About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2020 LexisNexis Poonam Pradhan Saxena: Property Law, 3rd ed Poonam Pradhan Saxena: Property Law, 3rd ed Dr Poonam Pradhan Saxena Poonam Pradhan Saxena: Property Law, 3rd ed > Poonam Pradhan Saxena: Property Law, 3rd ed > General Introduction General Introduction The classical law relating to transfer of property was purely customary. Before the advent of the British and their active intervention in the Indian legal system, Hindus and Muslims were governed by their respective laws in relation to transfer of property. This arrangement worked adequately in the informal and traditional judicial system of panchayats because those who decided the matter were not only familiar with the nature of the dispute but also with the law and the litigants as well. However, the same scenario proved to be very confusing and uncertain with the establishment of the informal courts in India by the British. In this adversarial litigation system, the disputes were decided by impartial judges who were unfamiliar with the litigants and the distinctive social system of India. Realising the absence of a concrete and ascertainable law of property comparable to what they had in England, these courts applied English rules governing transfer of property with modifications to suit the Indian conditions. However, such application of the British principles even with modifications, at times, was grossly inappropriate due to the social and cultural differences between England and India. Thus, the desirability of enacting the law relating to transfer of property was perceived soon after the consolidation of British authority in India. In addition, various high courts in the absence of clear rules made a very liberal use of their own notions of the principles of equity, justice and good conscience, and laid down diametrically opposite principles further compounding the confusion and uncertainty. Even the Privy Council noted this uncertainty with concern, and attributed this undesirable scenario to a lack of codification of the law of property in India calling upon the authorities to take urgent steps in this direction.1 The first Law Commission2 was appointed by the British Queen primarily to codify the civil law in India including the one relating to transfer of property. This commission prepared the draft Bill in 1870, which was introduced in the Legislative Assembly in 1877.3 It was then referred to the select committee, was revised by it and was circulated for public opinion. In light of the suggestions, it was redrafted and referred to the second Law Commission.4 After several drafts, it was passed on 17 February 1882 and came into force on 1 July 1882. The Bill was based primarily on the English law of real property. Therefore, the basic substantive content was
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