Property law is best understood as the complex of jural relationships between and between persons with respect to things. It is the sum of rights and duties, privileges and no-rights, powers and liabilities, disabilities and immunities that exist with respect to things.
KLE LAW ACADEMY BELAGAVI
(Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College,
Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law
College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai)
STUDY MATERIAL
for
PROPERTY LAW
Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi
Compiled by Reviewed by
V.S. Billagi, Asst. Prof. Dundappa B. Solapure, Principal
K.L.E.Society's Law College, Chikodi
This study material is intended to be used as supplementary material to the online classes and
recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation
for their examinations. Utmost care has been taken to ensure the accuracy of the content.
However, it is stressed that this material is not meant to be used as a replacement for textbooks
or commentaries on the subject. This is a compilation and the authors take no credit for the
originality of the content. Acknowledgement, wherever due, has been provided.
, Property Law
Objectives
The student shall be able to understand the different types of transfer
recognized by law. They shall have a clear idea about the various types of
transfer like sale, mortgage, lease, exchange gift & actionable claim. They
shall also become familiar to the various requirements of a valid transfer.
They shall also understand in detail the effect of various elements like
conditions, election, and apportionment on the transfer. They shall also
understand the status of a transfer when made by certain other persons.
UNIT-I
Section 1 of the act is called as the transfer of Property Act, 1882.
Section 1 gives the title of the act. It is helpful in some instances as an
internal aid for the interpretation of any provision in the Act. The title gives
the idea about the object of the Act, policy & purpose of the Act.
Application of the Act: the T.P Act applies to transfers by acts of parties. &
not by the operation of law
The act deals with transfer of property between two living persons.
The majority of the act deals with transfers relating to immovable property.
This act does not apply to transfer of property governed by personal law, for
ex, Mohammedan Law.
Section 3 defines Immovable Property
We know that property is the total wealth of a person. It may include
land, buildings, mortgage rights, debts owed to him, insurance money due,
cheque received, cash, etc. The Transfer of Property Act, 1882, defines
immovable property as that which does not include standing timber,
growing crops and grass. This is a very vast definition though, so we must
look at the definition furnished by the General Clauses Act, 1897, wherein it
is mentioned that immovable property includes – a) land, b) benefits arising
out of land, c) things attached to the earth, or d) permanently fastened to
anything attached to the earth. Also, the Registration Act defines immovable
,property as land, buildings, hereditary allowances, rights to ways, lights,
ferries, fisheries, or any other benefits arising out of land and things
attached to the earth, but not standing timber, growing crops or grass.
Actionable claim is dealt with in the Transfer of Property Act.
Attestation:
Section 3 of the T.P. Act defines attestation. Attesting of an
instrument means that the documents must be attested by two or more
witnesses each of whom has seen the executant sign or affix his mark to the
document. Further each of them must have signed the instrument in the
presence of the executant. The attester’s must have intention of attesting. It
is not necessary that more than one should be present at the same time.
Law also does not prescribe any particular form of attestation. The usual
procedure is that the attester’s must sign with address and date.
The Privy Council in Shamu v.Abdul Khandir, resolved the controversy
whether the attester’s should have actually seen the execution or not, of the
document. It held that the attester’s who sign the document must have
actually seen the document executed.
Attester’s should be a Sui juris i.e. person legally capable signature
includes even the thumb impression.
Attestation does not mean that the attester’s have the idea of the
content of the instrument. It means that they see the executor of the
document putting his signature. Therefore it confirms the fact of execution.
Constructive Notice
Section 3 defines notice. A notice may be actual or constructive. There
is actual notice, when knowledge of a fact is brought directly to the person
concerned. It is constructive when there is a presumption of the knowledge
of the fact. The following are its different kinds
i) Knowledge is presumed when the party wilfully abstains from
making enquiry.
ii) Gross negligence of the party.
iii) Registration:
Registration of a transfer amounts to notice, from the date of registration.
, Possession as notice
If a person is actually in possession of a property, then the acquirer
of the property is deemed to have notice of the title, if any, of the person in
possession of the property. v) Notice to agent is treated as notice to the
principal. The agent must have notice during the course of his business. If
an agent fraudulently conceals the fact, then there is notice to the principal.
The principal should not be a privy to the fraud.
Section 5: defines the phrase Transfer of Property
It is an act by which a living person conveys property in present or
future or to himself & one or more living persons.
The word property used in the definition means- Tangible material
things e.g. land and houses. Rights which are exercised over any material
things, e.g right to enjoy a property. Rights regarding repayment of debt, etc.
The word transfer means a transfer of all the rights & interest in the
property or transfer of one or more rights relating to the property.
Therefore the phrase transfer of property means
1) Transfer of things
2) Transfer of one or more rights regarding a thing
3) Transfer of the debt.
The effect of the transfer may take place in present or in future. The
property to be transferred must be in existence at the time of a transfer. The
transfer of property must be from one living person to another living person.
However there are exceptions to this general rule as given under section 13
& 14. The transfer of property recognizes such transfers which create a new
right or title or interest in favour of the transferee.
The following transfer is not governed by the T.P act: as they do not
create any title in favour of the transfer.
1) Partition
2) A charge
3) A relinquishment or surrender
4) A family settlement
5) Partition by family settlement.
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