Transfer of Property Act 1882

Features of Transfer of Property Act 1882 are as follows

1.Jurisprudential contours of property
1.1. Concept and Meaning of Property: New Property; Governmental largesse
1.2. Kinds of property: Movable and Immovable property; Tangible and Intangible property; Intellectual property; Copyright; Patents and Designs; Trademarks
1.3. Private and Public property: Natural resources as property; Privatization of public property
1.4. Capitalist and socialist analysis of property: Property in means of Production
1.5. Possession and ownership as man; property relationship; Finder of lost goods
1.6. Social Functions of Property

2.LAW RELATING TO TRANSFER OF PROPERTY
2.1. General Principles of transfer of Property in Public International Law.
2.2. Specific Transfers
2.2.1. Sale

3.Mortgage
3.1. Mortgage
3.2. Kinds of Mortgages, Simple Mortgage, Mortgage by conditional sale; distinguished from sale with a condition for repurchase. Usufructuary Mortgages, English Mortgage.
3.3. Distinguished from Mortgage by conditional sale, Mortgage by deposit of title deeds;
3.4. When registration is necessary? Anomalous Mortgage
3.5. Systematic constraints; When formalities are required? Formalities effect of non - Registration; Debt may be proved
3.6. Rights of Mortgagor; Right to Redeem; distinction between “Due” and “Payable”; Clog on redemption; Partial redemption; Accession to mortgaged property and Improvements; Mortgagor’s power to lease
3.7. Rights and liabilities of Mortgagee; Right to Foreclosure or Sale; Rights to sue for mortgage money; Accession to mortgaged property; Rights of mortgagee in possession; Substituted Security
3.8. Liabilities of a Mortgagee in possession
3.9. Postponement of Prior Mortgage
3.10.Marshalling and Contribution
3.11.Who may Sue for redemption?
3.12.Conventional Subrogation; Legal Subrogation; “Redeem Up and Foreclose Down”

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4.Actionable Claims, Security Interests in Immovables

5.Charges

6.Leases

7.Exchange

8.Gifts

9.1. Easements
9.2. Creation of Easements
9.3. Nature and Characteristics of Easements
9.4. Extinction of Easements
9.5. Riparian Rights
9.6. Licenses

10.Recordation of Property Rights
10.1. Law relating to Registration of documents affecting property relations; Exemption of leases and mortgages in favor of Land Development Bank from registration
10.2.Recordation of rights in agricultural land with special reference to respective states
10.3. Investigation of title to property
10.4. Law relating to Stamp Duties
10.5. Of the liability of instruments to duty
10.6. Duties by whom payable
10.7. Effect of not only duty stamping instruments; examination and impounding of instruments; inadmissibility on evidence impounding of instruments

 

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