9 Kinds of Property which can’t be Transferred

NINE kinds of Property which can’t be Transferred. According to Sec.6 of the Transfer of Property Act 1882,the following nine rights or interests cannot,however,be transferred. 1.(a)The chance of an heir-apparent succeeding to an estate(called Spes successions,i.e.,hope of succession;  (b)the chance of a relation obtaining a legacy on the death of a kinsman (Spes successions); Or   … More 9 Kinds of Property which can’t be Transferred

FOUR confusing points in Sale and mortgage of a Real Estate Property and Cases

1.If a transaction is a mortgage,the time of repayment is not considered as the essence of the contract.Even after the due date the mortgagor can repay and redeem the mortgaged property,and contract to the contrary notwithstanding.                                       … More FOUR confusing points in Sale and mortgage of a Real Estate Property and Cases

Mortgage by Conditional Sale;effect;ingredients;remedies;cases.

Mortgage by Conditional Sale{S.58 (c),S.59&67} Where the mortgagor ostensibly sells the mortgaged property,on condition that- (a) on default of payment of the mortgage-money on a certain date,the sale is to become absolute;or (b) on such payment being made,the sale is to become void;or (c) on such payment being made,the buyer is to transfer the property … More Mortgage by Conditional Sale;effect;ingredients;remedies;cases.

Simple Mortgage-Ingredients,Remedies,Cases.

Simple Mortgage Sec.58(b) of the Transfer of Property Act 1882:- According to sec.58(b),a mortgage can be effected where- (a) without delivering possession of the mortgaged property, (b) the mortgagor binds himself personally to pay the mortgage-money,and (c) agrees that,in the event of his failing to pay,the mortgagee would have a right to cause the mortgaged property … More Simple Mortgage-Ingredients,Remedies,Cases.

Mortgages-Definition,Types,Remedies,Forms and Cases.

  Mortgage-Definition:-       According to Sec.58 (a) of  the Transfer of Property Act,a “mortgage”is the transfer of an interest in specific immovable property for the purpose of securing- (i) the payment of money advanced or to be advanced by way of loan, (ii) an existing or future debt,or (iii) the performance of an engagement … More Mortgages-Definition,Types,Remedies,Forms and Cases.

A contingent interest is not heritable although it is transferable.

According to sec.21 of the Transfer of Property Act 1882, a contingent interest is one in which neither any proprietary interest nor a right of enjoyment is given at present,but both depend on future uncertain events.An estate is a contingent when the right to enjoyment depends on the happening of an event which may or … More A contingent interest is not heritable although it is transferable.

Attestation

Attestation Attestation is an important formality in connection with the execution of transfer.”Attest”means to testify a factor,to bear witness to a fact.Attestation, in relation to the document,signifies the fact of authentication of the signature of the executant of that document by the attestator by putting down his own signature on the document in the testimony … More Attestation

Notice

Notice According to Sec 3 of the Transfer of Property Act,a notice may be actual or constructive.If a person knows about a fact,he has an actual notice.But,in certain circumstances law treats a man who ought to have known a fact even though he did not, in fact, know it.It is a constructive notice.A constructive notice … More Notice

Doctrine of Holding Out

A transferee from the ostensible owner is protected against the real owner under the doctrine of holding out embodied in sec.41 of the Transfer of Property Act.This section deals with a case where the rights of two innocent parties come into conflict.The following conditions are necessary for the application of sec.41. (i) the transferor is the ostensible … More Doctrine of Holding Out