Lecture-

12
Transfer of Property
 Operation of transfer (S 8) (Property)
• Unless a different intention is expressed or necessarily implied, a transfer
of property
• passes forthwith to the transferee all the interest which the transferor is
then capable of passing in the property, and in the legal incidents thereof.
– Such incidents include, where the property is land, the easements annexed
thereto, the rents and profits thereof accruing after the transfer, and all things
attached to the earth;
– and, where the property is machinery attached to the earth, the moveable
parts thereof;
– and, where the property is a house, the easements annexed thereto, the rent
thereof accruing after the transfer, and the locks, keys, bars, doors, windows,
and all other things provided for permanent use therewith;
– and, where the property is a debt or other actionable claim, the securities
therefor (except where they are also for other debts or claims not transferred to
the transferee), but not arrears of interest accrued before the transfer;
– and, where the property is money or other property yielding income, the
interest or income thereof accruing after the transfer takes effect.
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12
Transfer of Property
Modes(Property)
of Transfer
 Delivery of Possession: Where writing is not necessary under the TPA,
the property may be transferred orally, i.e. only by delivery of possession.
 Registration: Where registration is necessary, the transfer must be in
writing. The TPA provides that the following transfers must be made only
through a written deed duly registered:
o Sale of immovable property exceeding Rs. 100 (S. 54)
o Sale of reversion or other intangible property irrespective of its value (S. 54)
o Simple mortgage irrespective of the amount secured (S. 59)
o Other kinds of mortgage (except mortgage by deposit of title deeds) where the
sum secured exceeds Rs 100 (S. 59)
o Gift of an immovable property (S. 123)
o Leases from year to year or for a term exceeding one year or reserving a yearly
rent (S. 107)
o Exchange of immovable property exceeding Rs 100 (S. 118)
o Transfer of actionable claims (registration is not necessary, writing is sufficient)
(S. 130)

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Transfer of Property
 Condition restraining(Property)
alienation (s. 10)
• General principle
• Conditional transfer
– Conditions precedent
– Conditions subsequent
• Repugnant conditions
– Absolute restraint
• Underlying principle
• Restraints on transfer for a particular time
• Restraints directing control over consideration/money
• Restraints with respect to persons/transferee
• Restraints with respect to sale for particular purpose/use of property
– Partial restraint
• Exceptions
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Transfer of Property
(Property)
 Restriction repugnant to interest created (s. 11)
– General principle
– Absolute interest
– Essentials
– Covenants
• Positive or negative
– Distinction between sections 10 and 11
– Exceptions

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12
Transfer of Property
(Property)
 Restriction repugnant to interest created (s. 11)
– General principle
– Absolute interest
– Essentials
– Covenants
• Positive or negative
– Distinction between sections 10 and 11
– Exceptions

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