Unit 2 of Transfer of Property (syllabus: Module II — sale (ss. 54–57) and mortgage and charge (ss. 58–104)). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What is a sale, and how must it be made?
- What does a seller owe a buyer, and what security does each have for the price?
- What makes a transaction a mortgage, and which of the six kinds is it?
- Can a mortgagor's right to redeem be taken away or fettered by the mortgage itself?
- May a mortgagor redeem his own share alone?
- Which mortgagee may foreclose, which may sell, and which may sue for the money?
- Who steps into the shoes of a mortgagee who has been paid off?
- What is a charge, and how does it differ from a mortgage?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Transfer of Property Act 1882, s. 54
- Transfer of Property Act 1882, s. 55
- Transfer of Property Act 1882, s. 58
- Transfer of Property Act 1882, s. 60
- Transfer of Property Act 1882, s. 67
- Transfer of Property Act 1882, s. 92
- Transfer of Property Act 1882, s. 100
Leading cases
- No leading judgment is prescribed for this provision in this course.
- Ganga Dhar v Shankar Lal
- Shivdev Singh v Sucha Singh
Full case summaries
- Ganga Dhar v Shankar Lal (1958)
- Pomal Kanji Govindji v Vrajlal Karsandas Purohit (1989)
- Shivdev Singh v Sucha Singh (2000)