Q. Define immovable property. what property can be transferred ?

:  Section 2(6) of Indian registration act which provides “immovable property” includes
land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any
other benefit to arise out of land, and things attached to the earth, .
Section 6 of transfer of property act specifies that property of any kind maybe
transferred except as otherwise provided by the act or any other law in force.
Depending on the type of property to be transferred , transfer of property wolud include:
1. when the property is land:
the easements annexed thereto
the rentes and profit thereof acquiring after the transfer
all things attached to the earth

2. where the property is a house:

the easements annexed thereto
the rents thereof acquiring after the transfer
the locks, key, bar, doors, windows
all other thing which is for premanent use

3. where the property is a debt or other actionable claim, the securities therefore but not
areas of interest accrued before the transfer.

4. where the property is money or other property yielding income, the interest or income
thereof accquiring after the transfer takes effect.

Q. what is the meaning of vested interest? distinguish it from contingent interest.

: Section 19 of the Transfer of Property Act, 1882 states about Vested

Interest. It is an interest which is created in favour of a person where time is
not specified or a condition of the happening of a specified certain event. The
person having the vested interest does not get the possession of that property
but has the expectancy to receive it upon happening of a specified certain
event. 

For example, A promises to transfer his property to B on him attaining the age

of 22. B will have vested interest in A’s property till the time he does not get the

possession of it. Death of the person who is having this interest will not have

any effect over that interest as after the deceased, the interest will vest in his

legal heirs.For example, in the above example, if B dies at the age of 21, then

the interest vested in B will pass on to the legal heirs of B and they will be

entitled to the property in the prescribed time period.

difference of vested interest from contingent interest:

1. Section 19 of the act defines vested interest. Vested interest is an interest in a

property transferred to a person on happening of a certain event. Whereas
section 21 defines contingent interest. Contingent interest is an interest in a
property transferred in favour of a person on happening of an uncertain event
which may or may not take place.

2. Vested interest in property creates an immediate interest in the property though

the right to enjoyment is postponed. Whereas contingent interest solely depends
on the fulfilment of a specific condition. The interest in the property is created
in favour of a person on fulfilment of the condition.

3. Vested interest is not defeated by the death of the transferee. Whereas

contingent interest passes on the death of the person or not depends on the
nature of transaction and contingency.

4. Vested interest is a transferable and heritable right. Whereas contingent interest

is transferable but if heritable or not depends on the nature of contingency.

Q. Discuss doctrine of election.

: Election means choosing between two alternative rights or inconsistent rights.

If an instrument confers two rights on an individual in such a fashion that one
right is in lieu of the opposite , that person can choose or elect only one of

them. person cannot take under and against an equivalent instrument.

The doctrine of election is predicated on the principle of equity that one cannot

take what’s beneficial to him and disapprove that which is against him under an

equivalent instrument. One cannot approbate and reprobate at an equivalent

time. In simple words, where an individual takes some benefit under a deed or

instrument, he must also bear its burden.

The principle of the doctrine of election was explained by the House of Lords
within the leading case of Cooper vs. Cooper.

“ …. there is an obligation on him who takes a benefit under a will or other

instrument to offer full effect thereto instrument under which he takes a benefit
; and if it’s found that instrument purports to affect something which it had
been beyond the facility of the donor or settlor to eliminate , but to which effect
are often given by the concurrence of him who receives a benefit under an
equivalent instrument, the law will impose on him who takes the benefit the
requirement of carrying the instrument into full and complete force and effect .”

Section 35 of Transfer of Property Act, 1882 provides for Doctrine of Election by
stating that when a party transfers a property over which he does not hold any
right of transfer and entailed therein transaction is that the benefit conferred
upon the first owner of the property, such title-holder must elect his choice to
either validate such transfer of property or reject it; upon rejection, the benefit
shall be relinquished back to the transferor subject nevertheless:

i where the transfer is gratuitous, and the transferor has, before Election,
died or otherwise become incapable of making a fresh transfer; and

ii where the transfer is for consideration.

Q. Define mortgage. explain different kinds of mortage.

: A mortgage is the transfer of an interest in specific immoveable property for the

purpose of securing the payment of money 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.
 Simple mortgage: A simple mortgage is one where;
Without delivering possession of the mortgaged property, the mortgagor binds himself
personally to pay the mortgage money and agrees expressly or impliedly that in the
event of his failure to pay according to his contract, the mortgagee shall have a right
to cause the mortgaged property to be sold.

 Mortgage by conditional sale:

It is a mortgage which appears to be a sale with a condition that the
property sold would be transferred back to the original owner on the
repayment of the loan.

 Usufructuary mortgage: in a usufructuary mortgage, the borrower gives

possession of the mortgaged property to the lender, and authorises him to
retain such possession until payment of the mortgage money. The title deed of
the property, on the other hand, remains in possession of the borrower.

 English mortage: English mortgage, as defined under Section 58 (e) of the Transfer
of Property Act, 1882, is a scheme; wherein, the lender is entitled to take the
possession of the mortgaged property in case the buyer defaults on payment. 

 Mortgage by deposit of title deeds: A person delivers to a creditor or his/her agent

documents of title to the immovable property to create a security thereon. The
transaction is called a mortgage by deposit of title deeds.
This mortgage does not require registration. It is the most popular with banks.

 Anomalous mortgage: A mortgage which is not a simple mortgage, a

mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a
mortgage by deposit of title deeds within the meaning of section 58 is called an
anomalous mortgage.