Professional Documents
Culture Documents
PDF Tpa Project 1docx DD
PDF Tpa Project 1docx DD
PDF Tpa Project 1docx DD
1. INTRODUCTION 1
2. TRANSFER OF PR OPERTY 2
3. LAWS
R ELATING O ODES F RANSFER OF PROPERTY 3
T M O T
SALES 3
MORTGAGE 5
LEASES 9
EXCHANGES 11
GIFTS 12
4. CONCLUSION 14
5. BIBLIOGRAPHY 15
STATUTES 15
BOOKS AN D AR TICLES 15
INTRODUCTION
Before the transfer of property act there was practically no law as to real property in India. A few
points were covered by the Regulations and the Acts which have been repealed wholly or in part
1
by Section 2 . But for the rest of the law, the Courts in the absence of any statutory provisions,
adopted the English law, as the rule of justice, equity and good conscience. this was not
satisfactory, as rules of English law were not always applicable to social conditions in India,
and the case law became confused and conflicting. To remedy this hug state of affairs, a
Commission was appointed in England to prepare a Code of substantive law for India. This
commission drafted the Indian Succession Act, the Indian Contract Act, the Negotiable
Instruments Act, the Indian Evidence, the Transfer of Property Act.
The act came into force on 1st July, 1882. The Act applies to the whole of India. The Preamble
to the Act lays down that it is an Act to define and amend the law relating to transfer of property
by act of parties (i.e. not by operation of law)
Some of the general provisions of the T.P Act may be applied even to transfer by operation
of law, on principles of justice, equity and good conscience.
If the property is movable, the sale of Goods Act will apply, and if it is immovable, the
Transfer of Property Act will govern the case. The Act is not exhaustive and it does not profess to
be a 2
complete code .this is apparent from the omission of the word “consolidate”, which occurs for
instance in the Indian Evidence Act, 1872.
Under transfer of property Act 1882 there are 5 modes of transfer of property which are
following:
● Sale
● Mortgage
● Lease
● Exchange
● Gift
1
2
Transfer of property act,1882.
H V Low & Co., Ltd v. Pulin Beharilal Sinha (1933)
These modes of transfer of property are described in detail in the further chapters.
TRANSFER OF PROPERTY
The Legislature does not define the word “property” but it is used in its widest and generic legal
sense. Section 6
3
says the “property of any kind may be transferred”, etc. thus an actionable claim
is property ; and so is a right to a reconveyance of land. But the power of appointment is not
property. Transfer of property is an act in which the property must be conveyed. It is not
necessary that all rights or interest in property must be conveyed to another person. The person
conveying
that personthe property is entitled
who has no prior to it.
title in the property wanted to be conveyed and it is conveyed to
Section 5 also allows that the transferor may transfer the property either with immediate effect or to
be effective from a future date. It must be remembered that whether the transfer of property
will take effect from present or from future but property must exist at the time of transfer. It
means that at the time of transfer, the property must be in existence; hence no transfer shall take
effect in case of future property. The property must be conveyed by one living person to another living
person, it means the transfer must be ‘Inter Vivos’ transfer. In this section “living person”
includes a human being, a company or association or body of individuals, whether incorporated or not.
A living person conveys property to one or more other living persons, or to himself, or to
himself and one or more other living persons. But earlier a person was not able to transfer
property to himself, e.g. where a person makes a settlement of his property in trust, and
constitutes himself sole trustee4. Therefore, this section was amended by the Act of 1929, by
the insertion of the word “or to himself”. The Act contemplates the following type of transfer-
sales, mortgage, lease, exchange and gift.
Section 6 says that Property of any kind may be transferred, except as otherwise provided by
this Act or by any other law for the time being in force.
a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a
legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be
transferred.
b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone
except the owner of the property affected thereby.
There are various sections in the T.P. Act relating to the modes of Transfer of Property. They
are:
●
Transfer of immovable property by each of the aforesaid modes has its own significance,
advantages and disadvantages.
SALES
1. DEFINITION OF SALE
S e c t i o n 54 d e f in e s “ s a le ” a s a tra n f e r
pa r t - p a id a n d p a rt -p r o m i se d . In a s a le
o f o wn er s hi p in e x ch a n g e
th e re is a n a bs ol u te o f a l l
f o r a p r ic e pa i d o r p ro m i s e d o r
r i g h ts i n t he p r o p er ty s o l d . N o
rights are left in the transferor. If the transferee has eventually to pay the entire purchase price, it
may be a circumstance indicating that the transaction was meant to be a sale. On the other hand,
if the transferee is given a right to terminate the agreement,5
that may be a circumstance
indicating that the transaction is a hire-purchase agreement .
5
Central Finance & Housing Co. v. British Transport Co. (1953) A.L.J. 656. Same sense as
The essential elements of a sale are:
1. the parties;
2. the subject-matter;
3. the transfer or conveyance;
4. the price or consideration.
The Supreme Court has held that though “price” is not defined under this Act, it is used in the
same sense
6
as in the Sale of Goods Act, 1930, and means the money consideration for sale of
goods . If the consideration is not money, but some other valuable consideration, it may be an
7
exchange or barter, but not sale . The price can be paid fully in cash or it can be partly paid and
8
partly promised to be paid in the future. In Tatia v. Babaji , a registered sale deed who was
executed before the Act was applied to Bombay in favor of a purchaser who entered into
possession without payment of price. Fulton, J., held that the sale was void for want of
s i d e r a ti on u n d e r S e c ti o n 2 5 o f th e I n d i a n C o nt r a c
con v e y a n c e pe r fe c t e d b y r e gi s tra ti on o r p o s s e ss io n c o u
t A c t , b ut F a r r an , C .J ., p o i nt e d o u t th t
ld n o t b e p la c e d i n th e s a m e c a te g o ry as
agreements void for want of consideration. The opinion of Farran, C.J., has been approved by the
9
supreme court in State of Kerala v. Cochin Chemical Refineries .
Section 54 also deals with the mode of transfer by sale, there are 2 modes of transfer by sale-
● by registered instruments, and
● by delivery of possession.
The first overlaps the second, for a transfer may in all cases be made by registered instruments.
There is also a distinction been made between tangible and intangible immovable property. The
distinction is analogous to that made in English law between corporeal and incorporeal
hereditament. Topham explains the distinction as follows: “A corporeal hereditament is an
interest in land in possession, i.e., a present right to enjoy the possession of land. An incorporeal
hereditament is a right over land in possession of another, which may be a future right to
possession, or a right to use for special purpose land in the possession of another, e.g., a right of
10
way” . The contrast is between the estate of one who is possessed of the land, the tangible thing,
and that of a man who has the mere right, the intangible thing, without the possession
of anything tangible.
6
Commissioner for Income-tax v. Motor and General stores (P) ltd. (1967) 3 S.C.R. 876.
7
State of Madras v. Gannon Dunkerley & Co. (Madras) ltd., (1959) S.C.R. 379.
8
(1898) 22 Bom. 176.
9
1 0
(1968) 3 S.C.R. 556. th
Topham, New Law of Real Property, Ed., pp. 12 & 13.
4
It is only in case of tangible immovable property of value less that Rs. 100 that the section
allows the simple alternative of delivery of possession. In all other cases a registered instrument
is compulsory. The formality of registered instrument is not considered necessary for such
small 11
value, and the patent evidence of the transfer afforded by the delivery of physical possession . In
12
Bihar eastern Gangatic Fishermen Co-operative Society Ltd. V. Sipahi Singh , it was held that
right to catch and carry away fish is a benefit arising out of land and is immovable property,
and it has to be registered no matter it being considered a tangible (if the value exceeds Rs
100) or intangible immovable property. The provisions of this section as to modes of transfer is
exhaustive, and a sale cannot be affected in any other way.
Section 54 also defines ‘contract for sale’ as, “a contract for the sale of immovable property is a
contract that a sale of such property shall take place on terms settled between the parties”.
Thus, a sale may be preceded by a contract for sale. A contract for sale is merely a document
creating a right to obtain another document namely, a duly executed sale deed. On the Other
hand, a sale of immovable property is a transfer of ownership. A contract of sale of immovable
property differs from a contract of sale of goods, in that the Courts will grant specific
performance of its unless 13
special reasons to the contrary are shown . A sale passes an absolute interest in the property to
the purchaser, but a contract for sale does not of itself create any interest in, or charge upon the
property in favor of the buyer. A contract for sale need not be registered at all.
There is a conflict of judicial opinion on the issue whether a contract for sale, which is not in
writing nor signed
14
by the parties, is valid. The Jammu and Kashmir High Court has ruled that it
is not valid . However, the Andhra Pradesh High Court has ruled that an agreement of sale can
15
be even oral and would be as valid as a written agreement. In yet another judgment, the Andhra
Pradesh High Court, has also ruled that even if it is in writing but is not signed by the purchaser,
16
it does not mean that there is no concluded contract .
Section 55 deals with the rights and liabilities of the buyer and the seller.
MORTGAGE
17
Justice Mahmood in Gopal v. Parsotam has defined mortgage as under:
“Mortgage as understood in this country cannot be defined better than by the definition adopted
by the Legislature in Section 58 of the Transfer of property Act (IV of l882). That definition has
not in any way altered the law, but, on the contrary, has only formulated in clear language the
notions of mortgage as understood by all the writers of textbooks on Indian mortgages. Every
word of the definition is borne out by the decisions of Indian Courts of Justice.” In Section 58,
11
Bhaskar Gopal v. Padnam Hira (1916) 40 Bom.
313 12 (1979) A.S.C. 2149.
13
Section 10, Specific Relief Act, 1963.
14
Gh Mohd Matoo v. Gh Rasool Sofi, AIR 2005 J & K 48.
15
Moturi Seeta Ramabrahaman v. Bobba Rama Mohana Rao, AIR 2000 AP
504. 16
17
B Rajamani v. Azhar Sultana, AIR 2005 Andh Pra 260.
(1883) ILR 5 All 121, p. 157.
Mortgage is defined as "Mortgage is the transfer of an interest in specific immovable property
for the purpose of Securing payment advanced or to be advanced by way of loan, an existing
or future debt or the performance of an engagement which may give rise to a. pecuniary liability."
18
The Supreme Court in Kedar Lal v. Hari Lal has observed that the whole law of mortgage
in India, including the law of contribution arising out of a transaction of mortgage, is now statutory
and is embodied in the Transfer of Property Act read with the Code of Civil Procedure. The court
cannot travel beyond these statutory provisions.
4. The transfer
future debt, ormust be made to secure
the performance of an the payment resulting
engagement of presentinora future loanliability.
pecuniary of money, of existing
5. The mortgage must be supported by consideration.
6. The consideration of a mortgage may be either –
● money advanced or to be advanced by way of loan, or
● an existing or future debt, or
● the performance of an engagement resulting in a pecuniary liability.
A mortgage is created for the purpose of securing a debt or other obligation. The mortgagor liable
to pay the principal amount of loan and its interest to redeem his property.
7. Registration: When the property is mortgaged it is to be registered under the Indian Stamp
Act, 1899 and the Registration Act, 1908.
18
AIR 1952 SC, p. 50, 1952 SCR 179.
Simple mortgage can be made only through a registered document. Even if the sum of money
secured is 19less than Rupees one hundred, a simple mortgage must be affected by registered
instrument .
In Prakasam 20
Rajambal the document was described as a sale deed but the stamp paper
v.
was provided by transferor and the consideration (price) was much less than the actual value
of the property. There was a specific condition that on payment of 'principal' amount the
property should be reconvened. It was held by the Madras High Court that the transaction
was a mortgage by conditional sale and not an outright sale.
It is significant to note that in this form of mortgage no time-limit is fixed for the payment.
Mortgagee is entitled to retain possession until the money due is paid. In a usufructuary
mortgage the time up to which money may be paid by mortgagor
21
is uncertain. If any time is
fixed the mortgage would not be a usufructuary mortgage .
19
Section 59 of the Transfer of Property Act,
1882. 20
AIR (1975) Mad. 282.
21
Hikmatulla v. Imam Ali, (1890) 12 All 203.
3) Registration is not necessary, but there must be documents reducing the terms of the
mortgage in writing.
4) There is territorial restriction. Clause (f) itself names the 3 towns, namely Calcutta,
Bombay, and Madras. It empowers the state government to notify the other towns.
5) The mortgagor has his remedy by a suit of sale of the mortgaged property.
In K.J. Nathan v. S. Maruthi22 the physical delivery of the title-deeds had taken place
outside
,
the towns specified. But the intention to create equitable mortgage by these deeds was
formed after delivery of the deeds and in a town which was within notified area. The
Supreme Court held that an equitable mortgage was created under section 58 (f) of the
Transfer of Property Act.
In
the Vaddiparthi v. Appalanarasimhulu
rents and benefits were agreed to be, adjusted
the mortgage was
against usufructuary
interest. mortgage
It was also agreedin which
that the
principal money shall be repaid in five years and if it is not paid within this period, the
mortgage was to work out into a sale at the expiry of twenty years. The Madras High Court
held that it was a typical mortgage usufructuary by conditional sale.
Section 60-66 deals with the rights and liabilities of the Mortgagor. Section 60 deals with
the Right of mortgagor to Redeem. The right conferred by this section is called a right to redeem
and the suit to enforce it is called a suit for redemption. In English Law it is called
Equity of redemption. The term indicates that the right was a creation of the Courts of Equity which,
while giving relief against forfeiture, allowed the right to continue even after default on due date.
Right of redemption cannot be extinguished by any agreement made at the time of the mortgage as
part 24
of the mortgage transaction . The right of redemption is an incident of subsisting mortgage and
it exists as long as the mortgage itself subsists. Once a Mortgage, Always a Mortgage. Any
clogs on Mortgagor’s right of redemption are void, e.g.,
2
● In Gangadhar v. Shankarlal5 , any such condition which imposed this restriction that on a
certain date, on the non-payment of mortgaged money, the mortgage shall not be converted
into sale and if so it shall be void because it is against the provision of the Section 60 of T.P.
Act.
22
AIR (1965) SC 430.
23
AIR (1921) Mad. 517.
24
Allec Lab (Garages) Ltd. V. Total Oil (Great Britain) Ltd. (1983) 1 All E.R.944,965 and on appeal (1965) 1 All
ER 303.
25
(1958) SC.
● In Indira Kaur v. Shivlal Kaur, the SC held that there is a transaction with a condition
that after a certain time on the payment of the said money, the property has to be returned.
The transaction is the mortgage not the sale.
Following conditions cannot be imposed-
1. Mortgagor can redeem the property after a prolonged unreasonable time.
2. If, on the certain time, mortgaged-property is not redeemed then after a long time it can
be redeemed.
3. If, on the certain time-period, the property is not redeemed, then it will never be
redeemed.
4. After the redemption of the mortgage property, the mortgagor cannot transfer the
property.
● In Bora Amin Bai Ibrahim v. Bora Mohammad Ali, the suit of redemption, if dismissed on
the mistake of the plaintiff then the mortgagor under Limitation act can bring the fresh suit
of redemption.
● In Achal Das Duragaji v. Ram Vilas26, in India the right of redemption is a statutory right.
Section 67-77 deals with the rights and liabilities of the Mortgagee. Section 67 gives the right to
foreclosure or sale. The right of foreclosure is a right available to a mortgagee to recover his
outstanding After the principal amount has become due, and before payment of
money.
mortgage money by mortgagor or before decree of redemption has been passed by Court,
suit to obtain a decree
mortgagee has a right to obtain a decree of foreclosure from the Court. A
that a mortgagor will be absolutely debarred from exercising his right to redeem the mortgaged
property is called a suit for foreclosure.
However, when mortgagor fails to redeem the property, the mortgagee does not become the
owner of the property, he has to file a suit for recovery of the amount due. The limitation period
for instituting a suit is 12 years. The final decree in a suit for foreclosure on the failure of
26
(2003) AIR SC.
defendant to pay all amounts due extinguishes the right of redemption which has to be
27
specifically declared .
LEASES
Section 105 defines a lease of immoveable property as a transfer of a right to enjoy such
property, made for a certain time, express or implied, or in perpetuity, in consideration of a price
paid or promised, or of money, a share of crops, service or any other thing of value, to be
rendered periodically or on specified occasions to the transferor by the transferee, who accepts
the transfer on such terms. As is evident from the definition, lease is not a transfer of ownership
in property, it is transfer of an interest in an immovable property. The interest is the right to use
or enjoy the immovable property.
Essentials:
1. The parties i.e. transferor (also known as less or) and the transferee (also known of lessee).
The landlord is called the lessor, and he is the transferor of property. The transferee is
called lessee. Both of them must be competent person to contract under the law. A minor or
lunatic
cannot the lessee, but can become transferor or transferee under the lawful
become guardianship.
2. The subject-matter of a lease must be immovable property.
3. The demise i.e. right to enjoy immovable property. Demise means originally ‘any
transferor succession of a right’ but now it means ‘to grant a lease of lands or other
hereditaments’. A demise or a transfer of a right to enjoy land for a term or in perpetuity in
consideration of a
price paid or promised or services or other things of value to be rendered periodically or on
specified occasions to the transferor. In a lease the ownership always lies with the lessor, but
the lessee enjoys it for a fixed period by paying consideration for such enjoyment.
4. The term i.e. the duration. The duration of a lease shall be determined by both the parties.
It is not however, that the term of the lease may be for a fixed period. It is sufficient, if it is
definite. The lease for more than 1 year cannot be treated unless it is registered.
2
In Hindustan Petroleum Corp Ltd. v. Dolly 8 Das , the Supreme Court observed “A
covenant
for renewal of lease is not treated as parts of the term prescribing the period of lease but only
entitles a lessee to obtain a fresh lease.
2
In Anthony v. KC Ittoop & Sons and others9 , the SC found that there are 3 interdictions to
claim that an instrument can create a valid lease in law.
● The 1s t inhibition is that it should be in accordance with the provisions of Section 107
of
T.P. Act. That section reads as under- A lease of immoveable property from year to
year, or for any term exceeding one year or reserving a yearly rent, can be made only by
a registered instrument.
27
Mhadagonda Ramgonda Patil v. Shripal Balwant Rainade (1988) 3 SCC
298. 28 (1999) 4 SCC 450.
29
(2001) IMLJ 12.
● The 2n d inhibition, as pointed out by SC, is Section 17(1)(d) of the Registration
Act, which states that where a lease of immovable property from year to year or for any
term exceeding one year or reserving a yearly rent, such document should be compulsorily
registered.
● The 3r rd inhibition, as noted by the SC, is Section 49 of the Registration Act relating to
the
consequence of non-compliance of Section 17. Section 49(c) contemplates that
no documents required by Section 17 or by any provision of the Transfer of Property
Act to
be registered shall be received as evidence of any transaction affecting such property
of conferring such power, unless it has been registered.
5. The consideration i.e. premium or rent. Consideration in a lease may be premium or rent.
The consideration can be rent plus premium as well as rent alone and premium alone.
Where the whole amount to be recovered as consideration from the lessee is paid by him in
lump sum, (at one time) the consideration is called premium. The money, share of crops,
service or other things to be rendered is called the rent. Usually the house-rents are paid
monthly, and the agricultural-rents are paid yearly. The mode of payment, the quantity of
amount shall be fixed by the lessor and the lessee in the lease agreement itself.
3
The SC in Associated Hotels of India Ltd. V. RN Kapoor0 , has observed that the real test is
the intention of the parties- whether they intend to create a lease or license. If an interest in
property is created by the deed, it is lease but if the documents only permits another person to
make use of the property of which the legal possession continues with the owner, it is a
license.
Section 111 deals with the various situations in which a lease is determined. Under this section, a
lease may be determined in the following Situations:
● By lapse of time.
● By happening of specified event,
● By termination of lessor's interest.
● By merger.
● By express surrender,
● By implied surrender,
● By forfeiture,
●
By expiry of notice to quit.
EXCHANGES
The provisions relating to exchange has been defined under section 118-121.
Section 118 defines Exchange as under: When two persons mutually transfer the ownership
of one thing for the ownership of another, neither thing or both things being money only, the
transaction is called an exchange.
30
(1960) SCR (1) 368.
● There have to be a mutual transfer of these properties i.e., A transferring his property to B,
and B in turn transferring his property to A;
● Property can be exchanged with either movable or immovable property;
● No other consideration should be involved besides these properties.
An exchange involves a mutual transfer between two parties of their respective properties. The
main factor that distinguishes an exchange from a sale is that in an exchange, no monetary
consideration is involved. Thus, a transfer by a husband to a wife in discharge of her claim to
31
maintenance is not an exchange as the wife does not transfer ownership in anything . Similarly,
a document whereby one decree is set off against another and the balance 32made up by a transfer
of land is not an exchange, for there is no mutual transfer of two things .
Illustration:
Suppose Suresh and Ram agree to exchange a property belonging to Suresh and another of Ram,
it is said to be an exchange and it involves sale of Suresh's property to Ramesh and Ram’s
property to Suresh. They could also do this by simple exchanging consideration with each other.
Where an exchange by sale of two properties have taken place and by any reason of either a
defect in the title of the property that person is deprived of his rights, unless a contrary intention
is made in the contract, such deprived person can claim his losses by reason of such deprivation.
The deprived person can either claim losses or can ask for that thing or property to be returned
without consideration in
33
case it is still in possession of the other party or his legal representative
or a transferee . Suppose Suresh and Ramesh exchange each other's property in sale in which a
defect is there in Suresh's property.
Under the provisions where an exchange transfer takes place, unless other provisions of the law
are operating, each of these persons are subject to their respective rights and liabilities in
relation to their property. This means each has accepted the thing in exchange as emphasizing
their rights 34
and accepting liabilities along with the property .
Where exchange of money takes place, each party warrants the genuineness of the money given
35
by him .
GIFTS
Section 122 of the Transfer of Property Act defines "Gift" as the transfer of certain existing
movable or immovable property made voluntarily and without consideration, by one person,
31
Madan Pillai v. Badrakali AIR 1922 Mad
311. 32 Dina Nath v. Matimala , (1906) 11 Cal
WN 342. 33 Section 119 of Transfer of Property
Act, 1882.
34
Section 120 of Transfer of Property Act,
1882. 35 Section 121 of Transfer of Property
Act, 1882.
called the donor, to another, called the donee, and accepted by or on behalf of the donee. Such
acceptance may be made during the lifetime of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void.
Essentials:
1. The absence of consideration: Gift is valid only when the transfer of property is voluntarily
and without consideration on the part of the donor. Voluntarily means that the transfer
should
be free and should not be obtained by force, fraud or undue influence36.
2. The Donor: The donor is a person who gives. Any person who is sui juris can make a gift
of his property. A minor, being incompetent to contract, is incompetent to transfer, and a gift
by the minor would therefore be void. Trustees cannot make a gift out of trust property
unless authorized by the terms of the trust. It has been further held that a guardian of the
property of
a minor cannot make a transfer of the property without the permission of the court and if he
37
exceeds his power by executing a gift of the property of minor then the same would be void
.
3. The Donee: The donee is a person who accepts the gift. A gift may be accepted by or on
behalf of a person who is not competent to contract. the Hon'ble Supreme Court has held that
38
done can even be a minor . The donee must be alive at the date of the gift, and the
39
representative for the deceased at the date of the gift cannot take for him .
4. The Subject Matter: Gift must be made of existing movable or immovable property capable
of being transferred. It may be land, goods or actionable claims. It may be transferable
under
40
Section 6 of TP Act but it cannot be future property . A gift of right of management is valid,
41
but a gift of a future revenue of a village is invalid .
5. Transfer: Section 123 of the Transfer of property Act provides for the requirements that are
essential for completion of a gift. Unless and until these legal requirements are not met with,
the donee has no legal title as regards property gifted by donor and consequently the gift is
not enforceable by law. This section provides for two modes for making a gift, depending
upon the nature of the property. In case of gift of movable property, the gift can be affected
by delivery of possession of the same, whereas in case of immovable property, registration
is essential for transfer of an immovable property by way of a gift.
6. Acceptance: Acceptance of the gift by the donee is necessary. Acceptance may be express or
i m pl i ed . I t m u s t b e m a d e d ur in g t h e li fe ti m e o f
d on e e o r b y s o m e o n e o n h is b eh a l f. A n o f fe r b y
th e d o n o r. T h e g if t m u st b e a c c e p te d b y
a c ce p ta n c e o f th e d o ne e c an n o t c o m p le t e the gift.
Acceptance must be inferred prior to the execution of the deed of the gift. Mere silence
may sometimes indicate acceptance provided the donee knows about the gift, slightest
evidence of acceptance being sufficient.
According to Section 126 of the transfer of Property Act, a gift may be suspended or revoked.
Section 126 further provides for two modes of revocation of gift which are as under:
36
Subhas Chandra v. Ganga Prasad , AIR 1967 SC 878. Samitra Devi v. Sukhwinder Pal , AIR 1990 P& H 23.
37
Lakhvinder Singh v. Paramjit Kaur , 2003(4) R.C.R. (Civil) 26 P & H.
38
K. Balakrishnan v. K. Kamalam , AIR 2004 SC 1257.
39
Re Tilt, Lampat v. Kennedy (1896) 74 L.T. 163.
40
Section 124 of Transfer of Property Act, 1882.
41
Amtul Nissa v. Mir Nuruddin (1898) 22 Bom.
489.
● Revocation of gift by mutual consent of the donor and the donee.
● Revocation by rescission as in the case of contracts.
Section 127 describes onerous gifts as a gift that is subject to conditions. These conditions are
imposed on the recipient of the gift. Sometimes, onerous gift takes the nature of a sale because it
involves the element of consideration. Some features of onerous gift are:
1. The onerous gift is subject to certain charges or obligations imposed on the donee by the
donor;
2. The donee is at liberty to accept any transfer of gift which is beneficial to him/her and refuse
any gift which are onerous to the donee.
Section 128 refers to Universal Donee as one to whom the donor’s whole property is given and
who consequently become liable for all the debts due by and liabilities of the donor at the time
of the gift to the extent of property comprised in the gift.
CONCLUSION
The law of property is often regarded as relating to matters purely of interest to lawyers, and in
that sense, it is described as a technical branch of the law. Almost everyone is, at some time
or other, likely to be a holder of property. Also, it is a mistake to suppose that the transfer of
property Act, 1882 is concerned only with immovable property. certain specific chapters of the
Act are very much concerned with movables. For example, the proposition that one can make
a gift of the small things of life to one’s nearest and dearest is an elementary postulate; but its
legal
validity is entirely derived from the chapter on gifts, particularly sections 122 and 123.
It may also be mentioned that the level of culture of a civilization may impose restrictions on
the transfer of property. Concepts of property change with social concepts.
4
As far as the political aspect of the property is concerned, in Arndi 2v. Grigg , a case
dealing with the Nebraska “quiet-title” statute, the Supreme Court of the United States observed:
“The sovereignty of the State (gives it) control over property within its limits, and the condition
of ownership of real estate therein, whether the owner be stranger or citizen, is subject to its
rules concerning the holding the transfer, liability to obligations, private or public, and modes
of
establishing title thereto.”
Apart from different modes of transfer of property, as mentioned in the transfer of property Act,
1882, will is also an effective mode of transfer of property. The only difference between
other modes of transfer and transfer by will is that the latter takes effect only after the death of
the testator. However, will is also equally important mode of transfer of one's property.
42
(1890) 134 U.S. 316, 320-321.
BIBLIOGRAPHY
STATUTES
● Indian Contract Act, 1872.
● Indian Evidence Act, 1872.
● Indian Registration Act, 1908.
● Muslim Personal Laws.
● Transfer of Property Act , , 1882.
43
http://hdl.handle.net/10603/39900