Lecture-

4
Transfer of Property
 Doctrine of fixture (Property)
o Mode of attachment and consequences of its
detachment
o Object or intention of attachment
o By whom attached

Duncan Industries Ltd v State of UP (2000)

SCC 633.
Bamdev Panigrahi v Monorama Raj AIR 1974
AP 226.

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Transfer of Property
Examples of (Property)
Immovable Property
 Land
 Benefits arising out of land
 Things attached to earth
 Things permanently fastened to anything attached to earth
 Hereditary allowances and offices
 Right of way
 Right of lights
 Right to ferry
 Right to fishery
 Fruit bearing trees
 Standing trees
 Timber trees which is in the process of growth and is taking
nourishment from the soil for its sustenance
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Transfer of Property
(Property)
Examples of Goods / Movable Property
 Stock and Shares
 Growing crops and grass
 Standing timber
 Power (water, electricity, and gas): Law Commission of India in its 8th
Report, 1958.
 The Commissioner of Sales Tax, MP v Madhya Pradesh
Electricity Board AIR 1970 SC 732.
 Electronic TV signals
 Jabalpur Cable Network Pvt Ltd v ESPN Software India Pvt Ltd
AIR 1999 MP 271.
 Lottery tickets: They are not goods.
 H Anraj v Govt of Tamil Nadu AIR 1986 SC 63.
 Sunrise Associates v Govt of NCT of Delhi AIR 2006 SC 1908.

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Transfer of Property
(Property)
Examples of Goods / Movable Property
 Incomplete film
 State of Tamil Nadu v Thiru Murugan Bros AIR 1988 SC 336.
 Motor vehicles, ships, vessels, aircraft
 Royalty, copyright, trademarks, patents
 Fixed deposit receipts
 State Bank of India v Smt Neela Ashok Naik AIR 2000 Bom 15.
 Old and rare coins
 Moss v Hancock (1899) 1 QB 111.
 Goodwill
 Computer software
 St Albans City & District Council v International Computers Ltd
[1996] 4 All ER 481.
 Tata Consultancy Services v State of Andhra Pradesh (2004)
271 ITR 401 (SC).
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Transfer of Property
(Property)

Examples of Goods / Movable Property

 Mineral, sand, gravel
 Domestic animals
 A decree for arrears of rent
 A right to recover maintenance though charged on
land
 A decree for sale of immovable property

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Transfer of Property
 Instrument (Property)

 Attestation
o Purpose
o Essentials

 Registered

 Notice
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Transfer of Property
 Attested, in relation to(Property)
an instrument, means and shall
be deemed always to have meant
– attested by two or more witnesses
– each of whom has seen the executant sign or affix his mark to
the instrument, or
has seen some other person sign the instrument in the
presence and by the direction of the executant, or
has received from the executant a personal acknowledgment of
his signature or mark, or of the signature of such other person,
– and each of whom has signed the instrument in the presence of
the executant;
– but it shall not be necessary that more than one of such
witnesses shall have been present at the same time,
– and no particular form of attestation shall be necessary.
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Transfer of Property
 Attestation (Property)
o Legislative and judicial developments
Shamu Patter v Abdul Kader 16 IC 250 (1912) ILR 35
Mad 607.
o Distinction between English law and Indian law
o Competency of attesting witnesses
o Mode of attestation
o Scribe
o Registering officer
o Pardanashin women
o Party interested in the transaction
Kumar Harish Chandra Singh Das v Banshidhar
Mohanty AIR 1965 SC 1738: (1966) 1 SCR 153.
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