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Theory paper

Transfer of Property

Examined on Transfer of Property Act 1882, Indian Easements Act 1882, Registration Act 1908, Indian Stamp Act 1899. Act 4 of 1882 — general principles of transfer, and the specific transfers: sale, mortgage, lease, exchange, gift and actionable claims.

This page is the map of the paper: every syllabus unit, the leading cases with full summaries, and the exam questions the paper actually sets.

Units

  1. Unit 1 · General Principles of Transfer — Module I — meaning of property; movable and immovable; definitions; what may be transferred; competence; transfer for an unborn person; rule against perpetuity; vested and contingent interests; conditional transfers; election; apportionment; ostensible owner; feeding the grant by estoppel; lis pendens; fraudulent transfer; part performance; attestation
  2. Unit 2 · Sale, Mortgage and Charge — Module II — sale (ss. 54–57) and mortgage and charge (ss. 58–104)
  3. Unit 3 · Lease, Exchange, Gift, Actionable Claims and Easements — Module III — lease (ss. 105–117), exchange (ss. 118–121), gift (ss. 122–129), actionable claims (ss. 130–137); Indian Easements Act 1882
  4. Unit 4 · Registration and Stamp Duty — Module IV — Registration Act 1908 ss. 17, 18, 23, 25, 47 and 49; the Maharashtra Stamp Act 1958 — definitions, liability to duty, kinds of stamps and time of stamping

Leading cases in this paper

Exam questions

Where it sits

Statutes