LAW OF TRANSFER OF PROPERTY

SEMESTER V

COURT ROOM EXERCISE-VI

One Mr. Sandeep was the owner of a farmhouse situated near the outskirts of Ranchi. This farmhouse
was surrounded by agricultural land also owned by him. This entire property used to produce a good
amount of pecuniary benefits for Mr. Sandeep. He used to donate a big share of the income generated
for various social purposes. He had earned a very good name in the city by such acts of charity.

While most of the people of Ranchi praised Sandeep for the acts of kindness, his own family members
were not very much in agreement with the actions of Sandeep. However they were helpless as
whatever the entire property was, it was all earned by the hardwork and effort put in by Mr. Sandeep,
and he was also having the ownership rights of the same. The family members were actually
apprehensive that Sandeep might donate the property for the charitable purposes. They have actually
requested many a times to Sandeep not to involve so much into the charitable purposes.

Actually Sandeep was the eldest brother of the family and he had two more brothers Rajesh and Alok,
two having wives Priya and Mala respectively, wheras Sandeep never married. On the persuasion of
the family, Sandeep tried to convince them that he was not going to donate the entire property for the
charitable purpose.

Sandeep made an absolute disposition for 1/3rd of the property in favour of the unborn child of Mala,
and created life interest in favour of Mala for the same. He put one condition that the property will
vest in such child only after he/ she attains the age of 30 years. He intended the 1/5th of the monthly
benefits from the property to be used for the purposes of alms to be given for the beggars near a very
famous temple of city.

Moreover for other 1/3rd of the property he made a disposition in the form of a 99 year lease in favour
of Alok. Furthermore the creation of this lease disposition although started in presence of Sandeep,
was never completed in Sandeeps presence because he had to leave the city for some urgent business
work. Therefore one Manjeet was assigned the duty by Sandeep to finalise the lease in favour of Alok.

Manjeet apart from the original document attached one annexure, with the main lease agreement,
consisting of a condition that Alok needed to accumulate 1/4th share out of the monthly benefits
arising from the property for the maintenance of the children of Alok. Whereas Sandeep had never
himself put this condition into the deed, this was later on included into by Manjeet himself. Thereafter
Alok went ahead and made Sandeep aware about the imposing a condition, who never objected to the
imposing of such condition.

In addition Sandeep, for the remaining 1/3rd of the property, gifted it to Priya, while directing her to
accumulate 1/10th of the income generated from the property for the purpose of creating a corpus for
the sex-workers of a ill-famed locality of the city.

Mala contended that the direction, to her, to accumulate from the benefits of the property for the
beggars cannot be put into the exception into section 18.
Alok although was not very much keen to oppose the direction of maintenance, went ahead and
contended that Manjeet cannot be said to be having the authority to put in the condition without the
express knowledge and direction of Sandeep.

Additionally Priya also contended strongly against the direction to create a corpus for the sex-
workers. They went ahead and filed a suit in the civil court of Ranchi.

Frame your issues and decide

PLAINTIFF DEFENDANT

SECTION A

SHREYA SINGH (533) SIDDHANT KUMAR (535)

SNEHA SHUBHAM (536) SOMESH CHAUDHARY (537

SURAJ KUMAR (539) SURYA KANT (540)

UTKARSH PRATIK (541) UTSA SARKAR (542)

VIJAY ROHAN KRISHNA (543)

SPECIAL NOTE

1. MEMORIALS SHOULD BE SUBMITTED BY 22.11.2017

2. FORMAT SPECIFICATIONS
- TIMES NEW ROMAN
- FONT SIZE- 12
- SPACING 1.5
3. FOOTNOTING SHOULD BE UNIFORM.