Unit 3 of Transfer of Property (syllabus: Module III — lease (ss. 105–117), exchange (ss. 118–121), gift (ss. 122–129), actionable claims (ss. 130–137); Indian Easements Act 1882). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What are the essentials of a lease, and how must one be made?
- Is this instrument a lease or a licence?
- In how many ways does a lease come to an end, and when is the ending waived?
- What must be present before a gift of immovable property is complete?
- When may a completed gift be revoked?
- What is an actionable claim, and how is it transferred?
- What is an easement, and how is one acquired by prescription?
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. 105
- Transfer of Property Act 1882, s. 111
- Transfer of Property Act 1882, s. 122
- Transfer of Property Act 1882, s. 126
- Transfer of Property Act 1882, s. 130
- Indian Easements Act 1882, s. 4
Leading cases
- Associated Hotels of India Ltd. v R.N. Kapoor
- No leading judgment is prescribed for this provision in this course.
- Tila Bewa v Mana Bewa
- Smt. Anguri v Jiwan Dass
Full case summaries
- Shantabai v State of Bombay (1958)
- State of Orissa v Titaghur Paper Mills Co. Ltd. (1985)
- Associated Hotels of India Ltd. v R.N. Kapoor (1959)
- Delta International Ltd. v Shyam Sunder Ganeriwalla (1999)
- Tila Bewa v Mana Bewa (1962)
- Kartari v Kewal Krishan (1972)