Report No. 70
The Transfer of Property Act, 1882
Contents | |
Chapter 1 | Introductory |
Reasons for taking up | |
Change in modes of transfer | |
Bentham's view | |
Chapter 2 | History |
Policy of codification | |
Equity | |
Chapter 3 | Sources and Scheme of Provisions |
Introductory | |
Differentia | |
Chapter 4 | Preliminary Matters: Scope and Application |
Section 1 | |
Chapter 5 | Scope and Application and Rule of Damdupat |
Section 2 and Proposed Section 2A | |
Section 2(a) | |
Gist of section 3, Act of 1895 | |
Chapter 6 | Definition of Immovable Property |
Section 3 | |
Introductory | |
Growing crops | |
Chapter 7 | Definitions Pertaining to Instruments |
Definitions Pertaining to Instruments | |
Chapter 8 | Definition of "Actionable Claim" |
Analysis | |
Position under the Contract Act | |
Chapter 9 | Definition of Notice |
Introductory | |
First Explanation | |
Chapter 10 | Relationship with Contracts Act and Registration Act |
Section 4 | |
Chapter 11 | Definition of Transfer of Property |
Section 5 | |
Introductory | |
Property | |
Chapter 12 | Property Which Cannot be Transferred |
Section 6 | |
Section 6-Introductory | |
Section 6(b) | |
Object | |
Legislative formulation | |
Section 6(f) | |
Recommendation | |
Dominant object of legislation to be concerned | |
Other limitation-Calcutta case | |
Section 6(h)(3)-Disqualified transferees | |
Chapter 13 | Persons Competent to Transfer |
Persons competent to transfer | |
Allahabad case | |
Chapter 14 | Acquisition of Property of Homicide |
Section 7A (Proposed) | |
Effect of death on transfer | |
View of Ames | |
Chapter 15 | Operation or Transfer |
Section 8 | |
Introductory | |
Need for change | |
Chapter 16 | Oral Transfers |
Section 9 | |
Oral Transfer | |
Transfer at the time of marriage | |
Chapter 17 | Conditions Restraining Alienation |
Section 10 | |
Introductory | |
English case | |
Effect of void condition | |
Need for amendment | |
Chapter 18 | Restraint on Enjoyment |
Section 11 | |
Introductory | |
Importance of covenants | |
Statement of Objects and Reasons | |
Chapter 19 | Condition Making Interest Determinable on Insolvency or Attempted Alienation |
Section 12 | |
Section 12, first paragraph | |
Later Calcutta case | |
Injunction | |
Chapter 20 | Transfers to Unborn Persons |
Section 13 | |
Transfers to Unborn Persons | |
Chapter 21 | Restrictions as to Interests for Unborn Persons |
Kind of interest created in favour of unborn person | |
Difference with section 113, Succession Act | |
Chapter 22 | The Rule Against Perpetuities |
Section 14 | |
Introductory | |
Inalienability | |
Comparison | |
Section 2 | |
Section 5 | |
Need for reform in India | |
Precedents | |
Chapter 23 | Transfer to A Class |
Section 15 | |
Transfer to A Class | |
Chapter 24 | Dependent Transfers |
Section 16 | |
Dependent transfers | |
Section restricted to dependent transfer | |
Chapter 25 | Direction for Accumulation |
Section 17 | |
Gist of section 17 | |
Comparison with the English law | |
Chapter 26 | Transfers for Benefit of Public |
Section 18 | |
Gist | |
Modern decisions | |
Poverty and public benefit | |
Chapter 27 | Vested Interest |
Section 19 and 20 | |
Vested interest | |
Need and significance | |
Chapter 28 | Contingent Interests |
Section 21 to 27 | |
Introductory | |
Validity of contingent interest without supporting interest | |
Section 23 | |
Verbal change needed | |
Intention | |
Chapter 29 | Conditions Subsequent |
Sections 28-30 | |
Conditions Subsequent | |
Chapter 30 | Conditions of Defeasance |
Sections 31-32 | |
Introduction | |
Case law | |
Chapter 31 | Time for Performance |
Sections 33-34 | |
Time for Performance | |
Chapter 32 | Election |
Section 35 | |
Introductory | |
Choice | |
Chapter 33 | Apportionment |
Sections 36-37 | |
Introductory | |
Analysis | |
Chapter 34 | Transfer by Limited Owners |
Section 38 | |
Transfer by Limited Owners | |
Chapter 35 | Maintenance and Other Rights to Receive Money out of Profits |
Section 39 | |
Maintenance and Other Rights to Receive Money out of Profits | |
Chapter 36 | Restrictive Covenants and Obligations Annexed to Ownership of Land |
Section 40 | |
Introductory | |
Other provisions | |
Chapter 37 | Transfer by Ostensible Owner |
Section 41 | |
Transfer by Ostensible Owner | |
Chapter 38 | Transfer After Revocable Transfer |
Section 42 | |
Transfer After Revocable Transfer | |
Chapter 39 | Transfer by Unauthorised Person-subsequently Acquired Interest |
Section 43 | |
Introductory | |
Evidence Act | |
Chapter 40 | Transfers By Co-Owners |
Section 44 | |
Introductory | |
Evolution of Hindu law | |
Undivided family | |
Chapter 41 | Transfers to More Than One Person |
Section 45 | |
Introductory | |
Quantum of interest-"Gifts" | |
Section 82, Trusts Act | |
Chapter 42 | Transfers By Persons Having Distinct Interests |
Section 46-47 | |
Transfers By Persons Having Distinct Interests | |
Chapter 43 | Priority of Rights Created by Transfer |
Section 48 | |
Introductory | |
Time of taking effect | |
Chapter 44 | Transferee's Right Under Policy |
Section 49 | |
Introductory | |
Fire before completion | |
Chapter 45 | Rent bona fide Paid to Holder Under Defective Title |
Section 50 | |
Introductory | |
Good faith-Proper construction of the expression | |
Chapter 46 | Improvements Made in Good Faith |
Section 51 | |
Introduction | |
Compensation-whose option | |
Chapter 47 | Transfer Pending Litigation |
Section 52 | |
Introductory | |
Notice of suit-Registration of | |
Chapter 48 | Fraudulent Transfers |
Section 53 | |
Introduction | |
Good faith | |
Chapter 49 | Part Performance as A Defence |
Introductory | |
Position in England | |
Salmond's analysis | |
Defendant | |
Reasons given by the Supreme Court | |
Sale of Immovable Property: The Concept | |
Introductory | |
Intangible thing | |
Third view | |
Symbolical delivery | |
Chapter 51 | Rights and Liabilities Of Seller and Purchaser |
Section 55 | |
Introductory | |
Actual knowledge | |
Fraud | |
Common law | |
Section 55(3)-Importance | |
Origin in Roman law | |
Delivery the crucial date | |
Section 55(5)(c) | |
Expression "improperly declined to accept delivery" | |
Chapter 52 | Marshalling Between Mortgage and Purchaser |
Section 56 | |
Marshalling Between Mortgage and Purchaser | |
Chapter 53 | Discharge of Incumbrances on Sale |
Section 57 | |
Discharge of Incumbrances on Sale | |
Chapter 54 | Mortgages of Immovable Property |
Section 58 | |
Introductory | |
Classes | |
Debt | |
Agreement to mortgage | |
Section 58(c) proviso | |
Rents and profits | |
Genesis | |
Case law as to local extent | |
Territorial aspect | |
Remedies | |
Chapter 55 | Mode of Creating Mortgages |
Section 59 | |
Section 59. | |
Party as attesting witness | |
Chapter 56 | Persons Deriving Title from Mortgagors and Mortgagees |
Persons Deriving Title from Mortgagors and Mortgagees | |
Chapter 57 | Redemption |
Section 60 | |
Introductory | |
Subsequent agreements | |
Mortgagor who has assigned his interest | |
Reasonable notice | |
Chapter 58 | Re-Transfer on Redemption |
Sections 60A and 60B | |
Chapter 59 | Redemption-two or More Mortgages |
Section 61 | |
Redemption-two or More Mortgages | |
Chapter 60 | Right to Recover Possession |
Section 62 | |
Right to Recover Possession | |
Chapter 61 | Accessions to Mortgaged Property |
Section 63 | |
Accessions to Mortgaged Property | |
Chapter 62 | Improvements |
Improvements | |
Chapter 63 | Renewal of Lease Under Mortgage |
Section 64 | |
Renewal of Lease Under Mortgage | |
Chapter 64 | Contracts by the Mortgagor |
Section 65 | |
Contracts by the Mortgagor | |
Chapter 65 | Mortgagor's Enjoyment of Property |
Sections 65A and 66 | |
Chapter 66 | Right to Foreclosure on Sale |
Section 67 | |
Right to Foreclosure on Sale | |
Chapter 67 | Mortgagee's Duty to Bring One Suit |
Section 67A | |
Chapter 68 | Personal Liability |
Section 68 | |
Introductory | |
Section 68(1)(c) | |
Chapter 69 | Power of Sale without Intervention of Court |
Section 69 | |
Introductory | |
Recommendation | |
Chapter 70 | Accessions |
Section 70 | |
Introductory | |
Accession by mortgagor's representatives | |
Chapter 71 | Renewal of Mortgaged Lease |
Section 71 | |
Renewal of Mortgaged Lease | |
Chapter 72 | Right to Reimbursement for Necessary Expenses |
Section 72 | |
Introductory | |
Personal liability | |
Chapter 73 | Right to Proceeds of Revenue Sale or Acquisition |
Section 73 and New Section 74 | |
Chapter 74 | Liabilities of Mortgagee In Possession |
Section 76 | |
Section 76-Introductory | |
Section 76(d) | |
Recommendation as to last paragraph | |
Chapter 75 | Receipts Taken In Lieu of Interest |
Section 77 | |
Receipts Taken In Lieu of Interest | |
Chapter 76 | Priority of Mortgage |
Section 78 | |
Priority of Mortgage | |
Chapter 77 | Mortgage to Secure Uncertain Amount When Maximum is Expressed |
Section 79 | |
Mortgage to Secure Uncertain Amount When Maximum is Expressed | |
Chapter 78 | Marshalling of Securities |
Section 81 | |
Marshalling of Securities | |
Chapter 79 | Contribution |
Section 82 | |
Contribution | |
Chapter 80 | Deposit in Court |
Sections 83-84 | |
Chapter 81 | Persons who May Sue for Redemption |
Section 91 | |
Persons who May Sue for Redemption | |
Chapter 82 | Subrogation |
Section 92 | |
Introductory | |
Distinction between first and third paragraphs | |
Chapter 83 | Prior and Subsequent Mortgages |
Sections 93 To 95 | |
Chapter 84 | Mortgage by Deposit of Title Deeds |
Section 96 | |
Chapter 85 | Anomalous Mortgages |
Section 98 | |
Chapter 86 | Charge |
Section 100 | |
Introductor | |
Second view | |
Chapter 87 | Merger |
Section 101 | |
Chapter 88 | Provisions as to Service of Notice and Tender |
Sections 102-103 | |
Chapter 89 | Rules |
Section 104 | |
Chapter 90 | Definition of Lease |
Section 105 | |
Introductory | |
Tenancy at will | |
Chapter 91 | Leases for Indefinite Duration |
Section 106 | |
Introductory | |
Common feature | |
Indian calendar | |
Other defects not saved | |
Chapter 92 | Formalities for Lease |
Section 107 | |
Chapter 93 | Rights and Liabilities |
Section 108 and Proposed Section 108A | |
Introductory | |
Clause (d) | |
No change | |
Chapter 94 | Transfer of Lessor's Interest |
Section 109 | |
Chapter 95 | Commencement of Leases |
Section 110 | |
Chapter 96 | Determination of Lease |
Section 111 | |
Determination of lease | |
Section 111 (g) | |
Chapter 97 | Waiver of Forfeiture |
Section 112 | |
Waiver of Forfeiture | |
Chapter 98 | Waiver of Notice |
Section 113 | |
Chapter 99 | Compensation for Harassment of Lessee |
Section 113A (New) | |
Chapter 100 | Forfeiture for Non Payment of Rent |
Forfeiture for Non Payment of Rent | |
Chapter 101 | Forfeiture for Breach of Other Covenants |
Section 114A | |
Introductory | |
Immoral purposes | |
Chapter 102 | Effect of Surrender and Forfeiture |
Section 115 Reads | |
Effect of Surrender and Forfeiture | |
Chapter 103 | Holding Over |
Section 116 | |
Introductory | |
Obscurity as to period of notice | |
Chapter 104 | Agricultural Leases |
Section 117 | |
Agricultural Leases | |
Chapter 105 | Exchange |
Sections 118 to 121 | |
Section 118 | |
Test of substantial part | |
Chapter 106 | Gifts: General Observations |
Section 122 | |
Introductory | |
Theory of Hindu law as to dedication | |
Chapter 107 | Form, Validity and Effect of Gifts |
Sections 123 to 128 | |
Section 123 | |
Registration Act, section 49 | |
Chapter 108 | Donatio Mortis Causa and Muslim Law |
Section 129 | |
Donatio Mortis Causa and Muslim Law | |
Chapter 109 | Actionable Claims |
Sections 130-137 | |
Section 130 | |
Recommendation as to part of debt | |
Position in England | |
Conflict with section 130-Recommendation | |
Hardship | |
Position in India as to transfer of shares | |
Chapter 110 | Conclusion |
Introduction | |
Public opinion | |
Simplification of the law | |
Note of Dissent |