Property Law

Syllabus

Unit 1

Meaning, definition and concept of property
theories of property (marxist, socio-legal, natural)
Kinds of propety

movable
immovable

what may and may not be transferred
who can transfer

Unit II

Vested and contingent interests and unborn persons

trasnfer to unborn persons
rule against perpetuity
vested interest
contingent interest
election
accumulation of income
transfer by multiple parties or to multiple parties

Unit III Doctrine and Fraudulent transfers

lis pendence
part performance
fraudulent transfer
feeding the grant by estoppel
doctrine of ostensible ownership

Unit IV Specific transfers

sale
mortgage
lease
gift
exchange

Unit V Actionable claims, Easements, Testamentary succession

Notes

🏠 SALE — Section 54, Transfer of Property Act, 1882

🔹 1. INTRODUCTION

Imagine this scene: Mr. A, a landowner in Jaipur, decides to sell his ancestral plot to Mr. B for ₹20 lakhs.
The two execute a registered sale deed, B pays the price, and ownership passes immediately.
From this point on, B is the lawful owner — he can build, lease, or even sell the same land further.
This transaction is called a sale, one of the most fundamental and absolute forms of property transfer recognized under Indian law.
Historically, the concept of sale has evolved from ancient barter systems to modern, registered conveyances, ensuring legal certainty and ownership clarity.
Under the Transfer of Property Act, 1882, a sale represents a transfer of ownership in exchange for a price.
It is not a temporary or conditional arrangement — it is final, permanent, and for monetary consideration.
The law distinguishes sale from gift (which is without consideration) and exchange (which involves non-monetary consideration).

Thus, sale represents the culmination of ownership rights being passed for monetary value — forming the bedrock of property law.

🔹 2. MEANING AND DEFINITION

Section 54 of the Transfer of Property Act, 1882, defines a sale as:

“Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.”
Essence of the Definition:
- Ownership must pass completely.
- The transfer must be for a price — i.e., money, not barter.
- Consideration may be fully paid, promised for future payment, or partly paid and partly promised.
The section further provides:
- Tangible immovable property of value ₹100 or more → transfer only by a registered instrument.
- Tangible immovable property of value less than ₹100 → can be transferred either by registration or by delivery of possession.
Therefore, the sale process under Indian law is formal and document-driven, emphasizing registration to avoid disputes.

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID SALE

To constitute a valid sale under Section 54, the following essential elements must coexist:

Competent Parties
- Both seller and buyer must be competent to contract (Section 11, Indian Contract Act, 1872).
- Must be of sound mind, major, and not disqualified by law.
- The seller must be lawfully entitled to the property — either as owner or authorized representative.
Subject Matter of Sale
- Must be specific immovable property.
- Property should be transferable as per Section 6 of the TPA.
- Property may include land, building, rights in land, easements, etc.
Transfer of Ownership
- Ownership passes absolutely — all proprietary rights, interests, and liabilities shift from seller to buyer.
- There is no reservation of ownership (unlike mortgage or lease).
Consideration Must Be Price (Monetary)
- The hallmark of sale is price consideration — not love, affection, or exchange of another asset.
- Partly paid, partly promised payments are valid.
Mode of Transfer / Registration
- For property value ₹100 or more → registration mandatory under the Registration Act, 1908.
- Sale of tangible property less than ₹100 → delivery or registration suffices.
- Delivery implies the seller places the buyer in possession.
Intention to Transfer Ownership
- There must be a present intention to transfer ownership, not a future promise.
- A contract for sale does not by itself create ownership.
Execution of Sale Deed
- Written, stamped, signed, and registered before the Sub-Registrar.
- Must clearly identify property, parties, price, and mode of payment.
Delivery of Possession (Optional but Usual)
- Though not mandatory, physical possession is usually handed over at or after registration.
- Ensures transfer of both legal and actual control.

🔹 4. OBJECTIVES AND RATIONALE

To ensure legal certainty in ownership transfers.
To protect both seller and buyer through documentation.
To prevent oral claims and fraudulent transfers.
To ensure public notice through registration, protecting third parties dealing with the property.
To bring transactions under the purview of taxation and revenue records (mutation).
To serve as conclusive evidence of ownership.

🔹 5. LIMITATIONS

Non-transferable Property: Certain properties (like future property, easements, or mere rights of re-entry) cannot be sold.
Mandatory Registration: Non-registration invalidates the sale of property ≥ ₹100.
Consideration Must Be Money: If not monetary, the transaction becomes an exchange or gift.
Sale Without Ownership: A person cannot sell property without valid title.
Sale vs Agreement to Sell:
- Agreement to sell → creates future obligation, not ownership.
- Sale → completes transfer of ownership.
Doctrine of Part Performance (Section 53A) protects possession but does not substitute registration.

🔹 6. CASE LAWS

(i) Narandas Karsondas v. S.A. Kamtam, (1977) 3 SCC 247

Facts:
The appellant entered into an agreement to sell property, but no registered sale deed was executed. The buyer claimed ownership.
Judgment:
The Supreme Court held that agreement to sell does not transfer ownership. Ownership passes only upon execution of a registered sale deed.
Significance:
Clarified that sale is completed only after registration; agreement to sell is merely a promise.

(ii) Aloka Bose v. Parmatma Devi, (2009) 2 SCC 582

Facts:
Parties had an oral agreement of sale with payment and possession but no written deed.
Judgment:
Oral agreement is valid if proven by evidence, but title does not pass until registration.
Significance:
Reiterated that transfer of title requires registered instrument, even if possession is delivered.

(iii) K.B. Saha & Sons Pvt. Ltd. v. Development Consultant Ltd., (2008) 8 SCC 564

Facts:
Dispute over whether unregistered sale agreement could be relied upon in evidence.
Held:
An unregistered sale deed is inadmissible to prove ownership; it can only show possession or contract, not conveyance.
Significance:
Strengthened the rule that registration = validity of ownership.

🔹 7. EXAMPLES / ILLUSTRATIONS

Example 1:
A sells his flat to B for ₹60 lakhs via a registered deed.
Ownership transfers immediately. B’s name is entered in municipal and electricity records.
Example 2:
A agrees to sell land to B for ₹10 lakhs, possession is given, but no registration occurs.
B can only seek specific performance, not claim ownership.
Example 3:
If A transfers his land to B out of love and affection without consideration — it’s a gift, not sale.

🔹 8. CONCLUSION

A sale under Section 54 of the TPA is the most absolute and final form of property transfer.
It requires price consideration and compulsory registration to pass ownership.
It ensures protection of both buyer and seller by creating a permanent legal record.
Courts have repeatedly emphasized that ownership flows only through registered conveyance — not mere oral agreements or possession.
In essence, sale embodies the principle of “ownership for price” — the cornerstone of property law.

🏦 MORTGAGE

(Under Sections 58–104, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

Picture this scenario:
Mr. A needs ₹10 lakhs to expand his business. He borrows the amount from Mr. B and, as security, transfers an interest in his residential house to B, agreeing that once the loan is repaid, B will reconvey the property interest.
Here, ownership stays with A, but an interest in the property goes to B as a security for repayment — this is what we legally call a Mortgage.
A mortgage represents one of the oldest and most significant security transactions in property law.
It bridges ownership and debt — ensuring that while the borrower retains ownership, the lender has a legally protected financial interest.
In essence, a mortgage is not a sale or lease, but a limited transfer of interest in immovable property as security for a loan or performance of an obligation.
It safeguards both parties: the lender (mortgagee) has recourse to property if repayment fails, and the borrower (mortgagor) does not lose ownership unless he defaults.

🔹 2. MEANING AND DEFINITION

Statutory Definition (Section 58, Transfer of Property Act, 1882):

“A mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability.”
Parties:
- Mortgagor → Owner of property who borrows money.
- Mortgagee → Lender or creditor who accepts property as security.
Key Aspects of Definition:
- Only interest, not ownership, is transferred.
- The purpose is always security for a financial obligation.
- The property must be specific and immovable.
- There must exist a debt or liability, present or future.

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID MORTGAGE

To constitute a valid mortgage under the Act, the following elements are essential:

Existence of a Debt or Liability
- There must be a monetary obligation — money advanced, to be advanced, or a future debt.
- A mortgage without an underlying debt is void.
Transfer of an Interest in Property
- Ownership remains with mortgagor; only a limited interest passes to mortgagee.
- The right is real and enforceable, not merely contractual.
- Example: Right to sell, right to possession, or right to foreclose.
Purpose – Security for Debt
- The mortgage acts as a security interest ensuring repayment.
- If debt is discharged, mortgage becomes void automatically.
Property Must Be Immovable and Specific
- Includes land, benefits arising out of land, or anything attached to the earth.
- Must be specifically identifiable — vague description is invalid.
Parties Must Be Competent
- Mortgagor must have an interest and power to transfer.
- Mortgagee must be capable of contracting.
Consideration
- The transaction must be for money lent or an engagement giving rise to pecuniary liability.
Registration (when required)
- For value of ₹100 or more → Registered instrument compulsory.
- For mortgage by deposit of title deeds (equitable mortgage), registration not required.
Intention to Create Security
- The core test — if the intention is to secure repayment, it is a mortgage.

🔹 4. OBJECTIVES AND RATIONALE

The law of mortgage seeks to balance creditor’s security and debtor’s ownership rights.
Primary Objectives:
1. To enable individuals to borrow money by offering immovable property as security.
2. To protect lenders through enforceable security interests.
3. To prevent fraudulent transfers by requiring registration.
4. To ensure property can circulate as credit in commerce without permanent alienation.
5. To provide judicial mechanisms like foreclosure, sale, or redemption.

🔹 5. TYPES OF MORTGAGE (Section 58)

(a) Simple Mortgage (Sec. 58(b))

No possession given; mortgagor personally binds himself to repay.
Mortgagee can sell property through court on default.
Example: A mortgages his house to B for ₹2 lakhs without possession.

(b) Mortgage by Conditional Sale (Sec. 58(c))

Ostensible sale with a condition that it shall become absolute on default, or void on repayment.
Form of sale, substance of security.

(c) Usufructuary Mortgage (Sec. 58(d))

Possession delivered to mortgagee; he takes rents/profits in lieu of interest or repayment.
Mortgagee has no personal remedy.

(d) English Mortgage (Sec. 58(e))

Absolute transfer to mortgagee with covenant to reconvey on repayment by a certain date.
Common in commercial transactions.

(e) Mortgage by Deposit of Title Deeds / Equitable Mortgage (Sec. 58(f))

Created by depositing title deeds with intent to create security, without formal registration.
Valid in notified towns like Mumbai, Chennai, Kolkata, Delhi, etc.

(f) Anomalous Mortgage (Sec. 58(g))

Combination of two or more types; governed by contract terms.

🔹 6. PROCEDURE FOR EFFECTING A MORTGAGE

Agreement Between Parties → Loan terms and security established.
Title Verification → Mortgagee checks mortgagor’s ownership and encumbrances.
Drafting of Mortgage Deed → Outlines amount, interest, repayment terms, rights.
Stamp Duty and Registration (except for equitable mortgages).
Possession (where applicable) → In usufructuary mortgages.
Mutation or Record Entry in revenue or local records.
Discharge/Reconveyance → On repayment, mortgagee executes deed of redemption.

🔹 7. LIMITATIONS AND CONDITIONS

Only Interest Transfers — Not Ownership
- Mortgagee cannot sell without court decree unless empowered.
Registration Compulsory
- Except for deposit of title deeds; else invalid.
Doctrine of Redemption
- Mortgagor always retains right to redeem until foreclosure/sale (Section 60).
Clog on Redemption
- Any condition preventing redemption is void as per equity maxim: “Once a mortgage, always a mortgage.”
Mortgagee’s Right Limited to Debt Recovery
- Mortgagee cannot use property for personal benefit beyond contract.
Time Limitation
- Redemption must be claimed within limitation period (usually 30 years).

🔹 8. CASE LAWS

(i) Pandit Chunchun Jha v. Sheikh Ebadat Ali, AIR 1954 SC 345

Facts:
Deed described as a sale with condition to reconvey if loan repaid within a period.
Issue: Was it a sale with condition to repurchase or a mortgage by conditional sale?
Judgment:
Court held that intention governs. If purpose is security, it’s a mortgage by conditional sale.
Significance:
Substance prevails over form; intention of parties is decisive.

(ii) Kreglinger v. New Patagonia Meat Co. (1914) AC 25 (HL)

Facts:
Mortgage deed included a clause restricting mortgagor from selling goods to anyone else for 5 years after repayment.
Judgment:
House of Lords held the clause was void as it amounted to a “clog on redemption.”
Significance:
Affirmed the principle: “Once a mortgage, always a mortgage.” Mortgagor’s right to redeem is absolute.

(iii) Narandas Karsondas v. S.A. Kamtam (1977) 3 SCC 247

Relevance:
Reinforced that registration is essential for valid mortgage transfer when property value ≥ ₹100.

(iv) Sundarabai v. Devaji Shankar Deshpande, AIR 1979 SC 1505

Held:
Usufructuary mortgage gives no right of foreclosure; mortgagee can only enjoy profits till repayment.

🔹 9. ILLUSTRATIONS

Example 1:
A borrows ₹10 lakhs from B and mortgages his flat. B cannot sell it immediately; he must approach court upon default.
Example 2:
A deposits his title deeds with B in Mumbai as security for a ₹5 lakh loan — this is an equitable mortgage under Section 58(f).
Example 3:
A mortgages land to B, giving possession to B and allowing him to collect rent till repayment — usufructuary mortgage.
Example 4:
A’s mortgage deed states that if he fails to repay in 3 years, property becomes B’s absolutely — this is mortgage by conditional sale.

🔹 10. CONCLUSION

A mortgage is a legal bridge between ownership and debt, balancing financial credit and property rights.
It protects both borrower and lender, ensuring repayment security while preserving ownership.
Courts have safeguarded the mortgagor’s right to redemption as sacred — any clog is void.
Every mortgage is rooted in good faith, requiring transparency, registration, and fairness.
In conclusion, mortgage law under the TPA stands as a pillar of secured transactions, embodying equity, protection, and economic utility.

🏡 LEASE

(Sections 105–117, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

Imagine this: Mr. A owns a commercial shop in Pune. He doesn’t want to sell it but wishes to earn regular income from it. So he lets Mr. B use it for 5 years at ₹20,000 per month rent, under a registered agreement.
Here, A remains the owner, but B becomes the lawful possessor and user of the property for a fixed term — this arrangement is called a lease.
A lease thus represents a transfer of a limited interest in immovable property — not ownership, but the right to enjoy and use for a certain period and consideration.
It ensures a steady income for the lessor and security of possession for the lessee.
The concept of lease is vital in Indian property and contract law because it lies midway between ownership and license.
While ownership transfers title, a license gives only permission; lease transfers possessory interest with legal protection.
The law of lease is governed by Chapter V (Sections 105–117) of the Transfer of Property Act, 1882 and supplemented by the Indian Contract Act, 1872 and Rent Control Legislations.

🔹 2. MEANING AND DEFINITION

Section 105, TPA, 1882 defines lease as:

“A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee.”
Essence of the Definition:
- The lessor grants the lessee the right to enjoy property for a period.
- The transfer is temporary, not permanent.
- Consideration is rent or other periodic value.
Parties:
- Lessor → Owner who transfers the right of enjoyment.
- Lessee → Tenant or person to whom the right is transferred.
- Premium → Price paid for the grant of lease (like a lump-sum).
- Rent → Periodical payment for use or occupation.

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID LEASE

To constitute a valid lease under the Act, the following elements are essential:

Competent Parties
- Both lessor and lessee must be competent to contract (major, sound mind, not disqualified).
- Lessor must have legal title or authority to lease property.
Subject Matter
- The property must be immovable — land, building, rights, or benefits arising out of land.
- The property must be specifically identifiable.
Transfer of Right to Enjoy Property
- The key feature: transfer of possessory rights, not ownership.
- Lessee obtains exclusive possession during the lease term.
Duration of Lease
- Must be for a certain time, express or implied, or perpetual.
- Can be for a fixed period, renewable, or indefinite with conditions.
Consideration (Rent or Value)
- Lease is always for consideration — may be monetary rent, service, or share in produce.
- Gratuitous occupation is a license, not a lease.
Acceptance and Possession
- Lessee must accept terms and take possession under the lease.
Mode of Creation (Section 107)
- For immovable property from year to year or exceeding one year → registered instrument only.
- For shorter terms → may be oral with delivery of possession.
Intention to Create Legal Relationship
- There must be intent to transfer possessory interest, not mere permission.

🔹 4. OBJECTIVES AND RATIONALE

Economic Utility: Enables owners to monetize property without losing ownership.
Security for Tenants: Grants lawful possession and protection from eviction.
Certainty in Transactions: Defines period, rent, rights, and duties clearly.
Public Policy: Encourages productive use of property, prevents stagnation.
Flexibility: Allows renewal, termination, or modification based on mutual consent.

🔹 5. PROCEDURE FOR EFFECTING A LEASE

Negotiation and Agreement – Parties agree on property, duration, rent, and conditions.
Drafting Lease Deed – Must mention description, rent, term, rights, renewal, and termination clauses.
Stamping and Registration –
- Compulsory if duration ≥ 1 year (Section 107, TPA).
- To be registered under Registration Act, 1908 before the Sub-Registrar.
Delivery of Possession – Physical handover after execution.
Mutation (if applicable) – For revenue or municipal purposes.
Periodic Payment of Rent – Lessee must pay rent regularly.
Renewal or Termination – As per lease terms or statutory rights.

🔹 6. RIGHTS AND DUTIES

Rights of Lessee (Sections 108–111)

Right to peaceful possession.
Right to remove fixtures after lease ends.
Right to assign or sub-lease (unless prohibited).
Right to renewal (if covenant exists).
Right to recover compensation for lessor’s failure to repair.

Duties of Lessee

Pay rent on time.
Use property in reasonable manner.
Avoid damage or unauthorized alterations.
Not sublet without permission (if restricted).
Return possession at termination.

🔹 7. LIMITATIONS

Registration Compulsory for Long-Term Leases
- Oral leases >1 year are void.
Lease vs License
- License confers permission, lease confers interest.
- Exclusive possession is test (See Associated Hotels v. R.N. Kapoor).
Eviction Protections under Rent Acts
- Tenants can’t be evicted easily — subject to Rent Control laws.
Termination Restrictions
- Must comply with conditions in lease deed or Section 111.
Lease of Non-transferable Property Invalid
- Certain religious or trust properties cannot be leased without permission.

🔹 8. CASE LAWS

(i) Associated Hotels of India Ltd. v. R.N. Kapoor, AIR 1959 SC 1262

Facts:
A hotel allowed a shopkeeper to use a room for selling goods. Dispute arose whether it was a lease or license.
Judgment:
The Supreme Court held it was a license, not a lease, since no exclusive possession was given.
Significance:
Test of exclusive possession determines whether an agreement is lease or license. Intention of parties is crucial.

(ii) Pradeep Oil Corporation v. Municipal Corporation of Delhi, (2011) 5 SCC 270

Facts:
Land leased by MCD to Pradeep Oil. Dispute arose regarding renewal rights.
Held:
Renewal of lease is not automatic — must be expressly provided and exercised per terms.
Significance:
Renewal clause must be clear; otherwise, lease expires on term completion.

(iii) Qudrat Ullah v. Municipal Board, Bareilly, AIR 1974 SC 396

Facts:
Licensee of land claimed tenancy rights due to long possession.
Judgment:
Court held continuous possession without transfer of interest does not create lease.
Significance:
Reiterated distinction between lease (interest) and license (permission).

(iv) State of U.P. v. Zahoor Ahmad, AIR 1974 SC 1782

Held:
Payment of rent or duration alone does not prove lease; there must be transfer of right to enjoy property.

🔹 9. ILLUSTRATIONS

Example 1:
A leases his farmland to B for 10 years at ₹10,000 per month.
B gets exclusive possession and right to cultivate. → Valid lease.
Example 2:
A allows B to stay in his house for 3 months without rent. → License, not lease.
Example 3:
A leases a shop to B for 5 years with renewal clause; B sublets part without permission.
A can terminate under Section 111(g) for breach.
Example 4:
A leases land to B for perpetual term with annual rent — valid under Section 105 if intention is clear.

🔹 10. TERMINATION OF LEASE (Section 111)

A lease terminates by:

Efflux of time – when term expires.
On condition – occurrence of specified event.
Merger – when lessee becomes owner.
Surrender – mutual agreement to end.
Forfeiture – breach of condition or non-payment.
Notice – by either party as per agreement.
Destruction – property destroyed or unusable.

🔹 11. CONCLUSION

A lease is a temporary transfer of possessory interest, balancing rights of ownership and enjoyment.
It allows productive use of property, promotes housing and business, and ensures revenue continuity.
The law protects both sides — lessor’s ownership and lessee’s peaceful enjoyment.
Courts emphasize intention and exclusive possession to determine true nature of transaction.
In short, lease under the TPA is an instrument of balanced property utilization, ensuring that ownership and usage can coexist lawfully.

🎁 GIFT

(Sections 122–129, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

Picture this: Mr. A, a father, decides to transfer his ancestral house to his daughter Ms. B on the occasion of her marriage, out of pure love and affection, without any payment or consideration.
He executes a registered deed of gift, delivers possession, and tells her, “This house is now yours.”

This transaction is called a Gift — a gratuitous transfer of ownership, motivated not by money, but by love, affection, charity, or generosity.
A gift is voluntary and without consideration, transferring property from one person (donor) to another (donee).
It is an act of generosity and often used for family arrangements, religious endowments, or charitable donations.
Gifts under Indian law are primarily governed by Sections 122 to 129 of the Transfer of Property Act, 1882, and for Hindus, are also recognized under the Hindu Law of Gifts.
While other transfers (like sale or exchange) are commercial in nature, a gift reflects a moral and personal disposition of the transferor’s will.

🔹 2. MEANING AND DEFINITION

Statutory Definition (Section 122, TPA):

“Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.”
Essence of the Definition:
- The property must exist at the time of transfer (no future property).
- The transfer must be voluntary — free consent.
- Must be without consideration — purely gratuitous.
- The donee must accept the gift during the lifetime of the donor.
Parties Involved:
- Donor → The person who makes the gift.
- Donee → The person who receives the gift.
- Property → Movable or immovable property.

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID GIFT

For a gift to be valid under Section 122 of the TPA, the following essential ingredients must exist:

Existing Property
- The subject matter must be existing property at the time of transfer.
- Gift of future property is void (Section 124).
- The property may be movable, immovable, or actionable claim.
Transfer of Ownership
- The ownership must be transferred completely from donor to donee.
- Conditional or partial transfer is allowed only if conditions are valid and not against the law.
Without Consideration
- Gift must be without monetary or material consideration.
- If money or value is exchanged, it becomes sale or exchange, not gift.
Voluntary Act and Free Consent
- Must be made voluntarily, free from coercion, undue influence, or fraud.
- Burden of proof lies on the donee when gift benefits him and donor is vulnerable (elderly, dependent, etc.).
Acceptance by Donee
- Donee must accept the gift during donor’s lifetime and while capable of giving.
- Acceptance can be express or implied through conduct.
- If donee dies before acceptance → gift becomes void.
Transfer by Registered Instrument (Immovable Property)
- Section 123:
  - Immovable property → by registered instrument signed by donor and attested by two witnesses.
  - Movable property → by delivery of possession or registered instrument.
Competent Parties
- Donor must be competent to transfer (Section 7).
- Donee can be any person capable of holding property (including minors via guardian).

🔹 4. OBJECTIVES AND RATIONALE

To enable voluntary and benevolent transfers of property.
To recognize moral, religious, and familial obligations.
To provide legal certainty to gifts made out of love, affection, or charity.
To prevent disputes arising from oral or uncertain promises.
To ensure acceptance and registration for legal enforceability.

🔹 5. TYPES OF GIFT

Inter vivos Gift – Made between living persons.
Donatio mortis causa – Gift made in contemplation of death; takes effect only if donor dies (similar to testamentary disposition).
Conditional Gift – Subject to certain conditions (must be valid and not illegal).
Onerous Gift (Section 127) – Gift with burden or obligation attached. Donee may reject or accept both burden and benefit together.
Suspension or Revocation (Section 126) – A gift may be suspended or revoked upon happening of a specified event agreed upon by both parties.

🔹 6. PROCEDURE FOR EFFECTING A GIFT

Intention of Donor → Clear intention to make a voluntary transfer.
Execution of Gift Deed → Drafted clearly stating property, parties, intention, and absence of consideration.
Attestation → Signed by donor and attested by at least two witnesses.
Registration (Section 123) →
- Compulsory for immovable property.
- Registered with the Sub-Registrar having jurisdiction over the property.
Acceptance by Donee → During donor’s lifetime; can be shown through possession or acknowledgment.
Delivery of Possession (Movable Property) → Actual or constructive delivery.
Revocation (if applicable) → Only if a condition of revocation is expressly agreed at the time of gift.

🔹 7. LIMITATIONS / CONDITIONS

Gift of Future Property Invalid – Section 124.
Gift Must Be Accepted – Without acceptance, it is void.
Revocation Must Be Expressly Reserved – Can’t revoke at will once accepted.
Undue Influence or Fraud Renders Gift Voidable – Especially in fiduciary relationships.
Incomplete Gift Not Enforceable – Unregistered gift deed or unaccepted gift is void.
Onerous Gifts to Minors (Section 127) – Minor can repudiate after attaining majority.
Gift to Several Donees (Section 125) – If one donee doesn’t accept, gift to that donee is void.

🔹 8. CASE LAWS

(i) Renikuntla Rajamma v. K. Sarwanamma, (2014) 9 SCC 445

Facts:
Donor gifted house property to donee but retained possession till death. After donor’s death, relatives challenged gift claiming lack of delivery.
Judgment:
Supreme Court held that registration and acceptance are enough; physical delivery not essential.
Significance:
Reiterated that delivery of possession is not mandatory for a valid gift once acceptance and registration are proven.

(ii) K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581

Facts:
Father executed a gift deed for property to his son; later claimed it was not voluntary.
Held:
Burden of proving coercion or undue influence lies on donor. Gift valid if executed voluntarily and registered.
Significance:
Valid gift once executed and accepted cannot be revoked on flimsy grounds.

(iii) Naramadaben Maganlal Thakker v. Pranjivandas Maganlal Thakker, (1997) 2 SCC 255

Facts:
Donor gifted property to her nephew but retained control. Dispute arose regarding intention.
Judgment:
Gift must be complete and unconditional; retention of control may render it incomplete.
Significance:
Voluntary intention and clear transfer of title are essential.

(iv) Smt. Gian Kaur v. Smt. Jaspal Kaur, AIR 2011 P&H 198

Held:
A gift obtained by undue influence or coercion from an aged or dependent person is voidable at donor’s instance.

🔹 9. ILLUSTRATIONS

Example 1:
A executes a registered gift deed transferring his house to his brother B, who accepts it during A’s lifetime. → Valid gift.
Example 2:
A promises to gift his land to B after one year. → Invalid, as gift of future property is void.
Example 3:
A gifts property to B subject to condition that B will maintain him for life. → Conditional gift valid under Section 126.
Example 4:
A gifts two properties to B, one profitable and one loss-making (onerous). B cannot accept one and reject the other; must accept both or neither (Section 127).

🔹 10. REVOCATION AND SUSPENSION OF GIFT (Section 126)

A gift may be revoked or suspended in two situations:

By Agreement
- If both parties agree at the time of gift that it shall be revoked on the happening of an event not dependent on donor’s will.
By Law
- Same grounds as contract revocation (fraud, coercion, undue influence).

Once accepted, a gift cannot be revoked unilaterally or by mere wish of donor.

🔹 11. DIFFERENCE BETWEEN GIFT AND OTHER TRANSFERS

Basis	Gift	Sale	Exchange
Consideration	None	Money	Property/Thing
Nature	Gratuitous	Commercial	Mutual
Registration	Mandatory	Mandatory (≥ ₹100)	Mandatory
Revocation	Only under Sec. 126	Not applicable	By mutual consent
Possession	Not mandatory	Usually given	Usually given

🔹 12. CONCLUSION

A Gift under the Transfer of Property Act is a selfless transfer of ownership, expressing affection, gratitude, or charity.
It requires voluntary intention, acceptance, and registration to be complete and valid.
The law safeguards the donor’s free will while ensuring that once accepted, the donee’s ownership becomes absolute.
Courts consistently uphold the sanctity of voluntary gifts while protecting vulnerable donors against coercion or manipulation.
In essence, a gift is a transaction of goodwill wrapped in legality — combining moral sentiment with legal precision.

🔁 EXCHANGE

(Section 118 – 121, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

Imagine this: Mr. A owns a residential flat in Delhi, while Mr. B owns a farmhouse in Haryana.
Both agree that they like each other’s properties better and decide to transfer ownership of their properties to each other, without involving any money.
They execute and register a deed, each becomes the new owner of the other’s property.

This transaction is an Exchange — a mutual transfer of ownership not for money, but for another property of equal or comparative value.
An exchange represents a reciprocal transfer of ownership rights — a form of barter recognized by modern law.
It is distinct from a sale (where the consideration is money) and a gift (where there is no consideration).
In exchange, the consideration is property itself.
Exchange transactions are common in real estate (swap of plots or flats), agricultural lands, and business asset rearrangements.
The law relating to exchange is laid down in Sections 118–121 of the Transfer of Property Act, 1882.

🔹 2. MEANING AND DEFINITION

Section 118, Transfer of Property Act, 1882:

“When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an exchange.”
Essence of the Definition:
- Mutual transfer of ownership between two persons.
- The consideration for each transfer is not money, but property.
- Both movable and immovable property can be exchanged.
- The ownership rights pass from each transferor to the other simultaneously.
Thus, exchange is a transfer of property where property itself acts as consideration.

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID EXCHANGE

To constitute a valid exchange under the TPA, the following essentials must exist:

Two Parties
- There must be at least two competent persons capable of transferring and receiving property.
- Each is both a transferor and transferee — i.e., A gives his property to B and receives B’s property in return.
Mutual Transfer of Ownership
- The essence of exchange is reciprocity.
- Ownership of property A is transferred to B and ownership of property B is transferred to A.
- The transfer must be absolute — not partial or conditional.
Subject Matter Must Be Transferable Property
- The properties must be transferable under Section 6 of TPA (not future property, mere rights of re-entry, etc.).
- Property can be movable, immovable, tangible, or intangible.
Consideration Must Be Property and Not Money
- If money is the sole consideration, it becomes a sale.
- However, some money may be added to equalize value (called Owelty of Exchange) — still valid as exchange.
Competency of Parties
- Parties must be competent to contract (as per Section 11, Contract Act).
- Minors or persons of unsound mind cannot enter into exchange validly.
Mode of Transfer / Registration (Section 118)
- Same mode as sale (Section 54):
  - For immovable property ≥ ₹100 → registered instrument compulsory.
  - For movable property → delivery or registered deed.
Delivery of Possession
- Though not mandatory, usually possession is exchanged after execution.
Free Consent
- The transaction must be voluntary, free from coercion, fraud, or misrepresentation.

🔹 4. OBJECTIVES AND RATIONALE

The concept of exchange exists to facilitate mutual adjustment of property holdings without involving cash.
Encourages economic efficiency where parties find mutual convenience in swapping properties.
Promotes property redistribution for better usage (e.g., consolidating farmland plots).
Provides legal recognition to barter-like transactions, ensuring enforceability.
Prevents fraud by requiring formalities similar to sale — i.e., registration and transfer of title.

🔹 5. PROCEDURE FOR EFFECTING AN EXCHANGE

Mutual Agreement
- Both parties agree to transfer ownership of their respective properties.
Verification of Title and Encumbrances
- Each party ensures the other’s property is free from encumbrances or legal defects.
Drafting of Exchange Deed
- Must clearly specify:
  - Description of both properties.
  - Ownership rights.
  - Equalization money (if any).
  - Possession and registration details.
Execution and Attestation
- Both parties sign and execute the deed.
- Attested by two witnesses.
Stamp Duty and Registration
- Required under Section 118 read with Section 54 and the Registration Act, 1908.
- Registration makes transfer legally effective.
Delivery of Possession
- Actual or constructive delivery, as mutually agreed.
Mutation and Record Update
- After registration, changes are made in municipal or revenue records.

🔹 6. RIGHTS AND LIABILITIES OF PARTIES (Section 119–121)

Section 119 – Rights on Defective Title

If one party finds that the other’s title is defective and has already parted with his property, he can claim compensation.
This ensures fairness and accountability.

Section 120 – Rights and Liabilities of Parties

Rights and liabilities of each exchanger are the same as that of a seller and buyer.
Each is bound by covenants of title, possession, and encumbrances.

Section 121 – Transfer of Ownership

Ownership transfers as soon as the deed is executed and registered.
If any property is lost or destroyed before exchange completion, contract may be voidable.

🔹 7. LIMITATIONS

Registration Compulsory for Immovable Property
- Exchange of property valued at ₹100 or more must be registered.
Non-transferable Property Cannot Be Exchanged
- Property covered under Section 6 (like future property or right of re-entry) cannot form subject matter.
Invalid if Consideration Is Only Money
- Then it becomes sale, not exchange.
Voidable for Fraud or Misrepresentation
- Parties have equal obligation to disclose title and defects.
Defective Title Entitles Compensation
- If one party’s title fails, other can claim restitution.
Same Formalities as Sale
- Absence of registration invalidates transfer.

🔹 8. CASE LAWS

(i) R. Kuppayee v. Raja Gounder, (2004) 8 SCC 100

Facts:
Two brothers exchanged agricultural lands. One later claimed the transaction was only a family arrangement, not an exchange.
Judgment:
The Supreme Court held that when both ownerships are transferred mutually, it constitutes a valid exchange under Section 118, not a mere arrangement.
Significance:
Substance of transaction prevails — mutual transfer of ownership = exchange.

(ii) K. Kalyanaswamy v. L. Bakthavatsalam, AIR 1962 Mad 38

Facts:
Party A exchanged a house with Party B’s land; later found B’s land was under government acquisition.
Judgment:
Court held that A was entitled to compensation under Section 119 (defective title).
Significance:
Established right of compensation for loss caused by defective title in exchange.

(iii) Shanmugam Pillai v. Annalakshmi Ammal, AIR 1950 Mad 66

Facts:
Exchange of lands was made orally without registration. Dispute arose on enforceability.
Judgment:
Court held that oral exchange of immovable property valued over ₹100 is invalid; registration mandatory.
Significance:
Confirmed that exchanges follow the same formalities as sale under Section 118 read with Section 54.

(iv) CIT v. Motor & General Stores (P) Ltd., AIR 1968 SC 200

Facts:
A company exchanged cinema house for preference shares.
Judgment:
The Supreme Court held it was an exchange, not a sale, as consideration was property (shares), not money.
Significance:
Distinguished between sale (money consideration) and exchange (property consideration).

🔹 9. ILLUSTRATIONS

Example 1:
A owns a plot in Mumbai; B owns a flat in Pune. They mutually transfer ownership by registered deed — valid exchange.
Example 2:
A gives his land to B in return for B’s gold worth ₹10 lakh — exchange, since property (gold) is consideration, not money.
Example 3:
A gives his house to B in return for ₹10 lakh — sale, not exchange, since consideration is money.
Example 4:
A transfers land to B; B’s property turns out to be government land. A can seek compensation under Section 119 for defective title.

🔹 10. DISTINCTION BETWEEN SALE AND EXCHANGE

Basis	Sale	Exchange
Consideration	Money	Property or asset
Law Section	Section 54 TPA	Section 118 TPA
Nature	Commercial transaction	Mutual transfer
Registration	Compulsory if > ₹100	Compulsory if > ₹100
Ownership Transfer	From seller to buyer	Mutual between parties
Defective Title Remedy	Buyer can rescind or claim compensation	Each exchanger can claim compensation (Sec. 119)
Example	House sold for ₹10 lakh	House exchanged for land

🔹 11. DIFFERENCE BETWEEN GIFT AND EXCHANGE

Basis	Gift	Exchange
Consideration	None	Property
Nature	Gratuitous	Reciprocal
Acceptance	Necessary	Mutual execution suffices
Revocation	Possible under Sec. 126	Not applicable
Relationship	Donor–Donee	Transferor–Transferee
Motive	Affection / Charity	Utility / Mutual Benefit

🔹 12. CONCLUSION

An Exchange under Section 118 of the TPA is a mutual transfer of ownership of properties, where property itself acts as the consideration.
It combines the spirit of barter with the legal formalities of sale, ensuring both fairness and enforceability.
Registration ensures authenticity, while Sections 119–121 safeguard parties from defective titles and unfair losses.
Courts have emphasized that intention and mutual transfer of ownership are decisive factors, not the form or wording of transaction.
In essence, exchange promotes economic flexibility, fairness, and equity — enabling owners to adjust property holdings without cash transactions.
Therefore, it stands as an important and balanced mode of transfer — mutual in nature, legal in form, and equitable in substance.

⚖️ 1. DOCTRINE OF LIS PENDENS

(Section 52, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

Suppose Mr. A sues Mr. B in court over ownership of a house. While the case is still pending, B secretly sells the house to Mr. C.
Later, the court rules in A’s favor. Can C claim ownership saying he bought it lawfully?

No — because of the Doctrine of Lis Pendens.
The term “Lis Pendens” is Latin, meaning “pending litigation.”
It prevents parties from transferring property rights while a legal dispute concerning that property is ongoing.
The doctrine ensures that the court’s judgment is effective and not defeated by secret alienations.
It is a rule of public policy — to maintain the status quo of property during litigation.

🔹 2. MEANING / DEFINITION

Section 52, TPA, 1882:

“During the pendency of any suit or proceeding in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party under any decree or order that may be made, except under authority of the court.”
Thus, no party can transfer property during litigation to defeat another’s claim.

🔹 3. ESSENTIALS / CONDITIONS

Existence of a Pending Suit or Proceeding
- Must be in a court of competent jurisdiction.
- It begins when plaint is filed and ends when decree is satisfied.
Right to Immovable Property Directly in Question
- The dispute must directly concern rights in immovable property (ownership, possession, mortgage, etc.).
Transfer by a Party to the Suit
- One of the parties must have transferred or dealt with the property.
Transfer During Pendency
- Alienation must occur after litigation begins and before final disposal.
Without Permission of Court
- Exception: Court may allow transfer with approval.

🔹 4. OBJECTIVE / RATIONALE

To prevent multiplicity of suits.
To preserve status quo of property until litigation ends.
To ensure judicial decisions are meaningful and not defeated by transfers.
Based on equity — “pending litigation, nothing new should be introduced.”

🔹 5. LIMITATIONS

Does not apply to movable property.
Transfers are not void, but subject to the outcome of litigation.
Transfers made with court’s permission are valid.
Bona fide purchasers with court’s approval are protected.

🔹 6. CASE LAWS

(i) Bellamy v. Sabine (1857) 1 De J 566

Facts:
Defendant transferred property during pending litigation.
Held:
Transfer during pendency does not annul transaction but renders it subject to result of the suit.
Significance:
Laid foundation of doctrine; adopted by Indian law.

(ii) Jayaram Mudaliar v. Ayyaswami, AIR 1973 SC 569

Facts:
Sale executed while suit was pending for partition.
Judgment:
Doctrine applies even if transferee was unaware of litigation.
Significance:
Actual notice is immaterial; lis pendens binds all transferees.

(iii) Hardev Singh v. Gurmail Singh, (2007) 2 SCC 404

Held:
Transfer during litigation is not void, but the transferee takes it subject to court’s decree.

🔹 7. ILLUSTRATION

A sues B for possession of land. During suit, B sells it to C.
If A wins, C must surrender property to A — C is bound by the decree.

🔹 8. CONCLUSION

The Doctrine of Lis Pendens preserves fairness by ensuring that property under judicial scrutiny remains untouched until the case concludes.
It protects judicial authority and prevents misuse by unscrupulous parties.
Hence, the doctrine upholds justice over convenience, preventing transfer of litigation-bound property.

🧾 2. DOCTRINE OF PART PERFORMANCE

(Section 53A, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

Suppose A agrees to sell land to B, receives full payment, gives possession, but delays registration.
A later refuses to execute the sale deed and claims ownership.

B cannot be evicted because of the Doctrine of Part Performance.
This doctrine is an equitable shield, protecting transferees who act on a contract that’s partly performed by one party.
Originated from English Equity Law (Walsh v. Lonsdale, 1882), introduced in India via the TPA (Amendment Act of 1929).

🔹 2. DEFINITION / MEANING

Section 53A, TPA:

“Where any person contracts to transfer immovable property for consideration, and the transferee, in part performance of the contract, has taken possession or continued possession and has done some act in furtherance of the contract, and is willing to perform his part, then, notwithstanding that the contract has not been completed in the manner prescribed by law, the transferor shall be debarred from enforcing any right against the transferee.”

🔹 3. ESSENTIALS

Contract for Transfer of Immovable Property
- Must be written, signed by transferor, and terms ascertainable.
Consideration
- Must be for valuable consideration.
Possession
- Transferee must have taken or continued possession under the contract.
Act in Furtherance
- Must have done acts like construction, investment, etc., showing reliance.
Willingness to Perform Own Part
- Transferee must show readiness to fulfill his obligations.
Incomplete Legal Transfer
- Formalities like registration may be pending.

🔹 4. OBJECTIVE

To protect bona fide transferees who rely on unregistered or incomplete agreements.
To prevent transferors from unjustly evicting occupants who have performed substantial obligations.
To enforce equity and fairness even when strict formalities are incomplete.

🔹 5. LIMITATIONS

It acts only as a shield, not a sword — transferee cannot claim ownership but can defend possession.
Applicable only for immovable property.
Contract must be in writing (post 2001 amendment).
Cannot override statutory requirements for registration.

🔹 6. CASE LAWS

(i) Mugneeram Bangur v. Future Builders, AIR 1965 SC 1523

Held:
Part performance protects possession where transferee performed substantial acts under contract.

(ii) Shahjahan Begum v. Mohd. Hasan, AIR 1952 All 300

Held:
Doctrine not applicable to oral agreements after 1929 amendment — must be written.

(iii) Shrimant Shamrao v. Pralhad Bhairoba, (2002) 3 SCC 676

Held:
Possession and willingness are essential; absence of either defeats claim of part performance.

🔹 7. ILLUSTRATION

A contracts to sell land to B. B pays full price and takes possession but registration is delayed.
A cannot evict B — B is protected under Section 53A.

🔹 8. CONCLUSION

The Doctrine of Part Performance embodies equity in action.
It prevents injustice due to incomplete formalities and ensures that those who have acted in good faith are not deprived of possession.
It balances law’s rigidity with equity’s fairness.

🚫 3. DOCTRINE OF FRAUDULENT TRANSFER

(Section 53, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

Suppose A owes ₹10 lakhs to several creditors. To avoid paying, he transfers his land to his friend B for a fake price.
Creditors later discover this sham transfer — the court can set it aside.

This is a Fraudulent Transfer — a dishonest alienation intended to defraud creditors.

🔹 2. MEANING / DEFINITION

Section 53(1), TPA:

“Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed.”
Nature:
- Protects creditors against deceitful transfers.
- The transfer is voidable, not void.

🔹 3. ESSENTIALS

Existence of Debt or Liability
- Transferor must have existing creditors.
Transfer of Property
- Transfer must involve immovable property.
Intention to Defraud or Delay Creditors
- Intention is key; actual fraud not necessary.
Right of Creditor to Challenge
- Creditors can apply to declare transfer void.
Bona Fide Transferee Protected
- If transferee acted in good faith for consideration, transfer remains valid.

🔹 4. OBJECTIVE

To prevent fraudulent alienations meant to deprive creditors.
To maintain integrity of debt recovery and financial honesty.
To discourage sham and colorable transactions.

🔹 5. LIMITATIONS

Only creditors can challenge such transfer.
Burden of proof lies on the creditor.
Bona fide purchaser for value without notice is protected.
Intention to defraud must be established — mere insolvency not enough.

🔹 6. CASE LAWS

(i) C. Abdul Shukoor v. Arji Papa Rao, AIR 1963 SC 1150

Held:
Fraudulent transfer is voidable, not void.
Burden on creditor to prove intent to defraud.

(ii) Ramchandra v. Manubai, AIR 1975 Bom 24

Held:
Transfer of all property without consideration is strong evidence of fraud.

🔹 7. ILLUSTRATION

A, heavily in debt, transfers land to his cousin for ₹1.
Court declares transfer fraudulent and voidable at creditors’ option.

🔹 8. CONCLUSION

The Doctrine of Fraudulent Transfer ensures economic justice and creditor protection.
It invalidates dishonest transfers meant to defeat lawful debts, upholding good faith and transparency in property dealings.

🧱 4. DOCTRINE OF FEEDING THE GRANT BY ESTOPPEL

(Section 43, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

Suppose A falsely claims ownership of a plot and sells it to B.
Later, A actually acquires ownership of that plot.
The law says — B’s title automatically becomes valid.

This is the Doctrine of Feeding the Grant by Estoppel.

🔹 2. MEANING / SECTION

Section 43, TPA:

“Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract subsists.”

🔹 3. ESSENTIALS

Representation by Transferor of Ownership
Transfer for Consideration
Transferor Lacked Title at the Time
Subsequent Acquisition of Ownership by Transferor
Option with Transferee to Enforce Transfer

🔹 4. OBJECTIVE

To protect innocent purchasers misled by apparent ownership.
To enforce equitable justice by binding a transferor to his own representation.
To promote certainty and trust in property transactions.

🔹 5. LIMITATIONS

Applies only to transfer for consideration.
Not applicable when transferee was aware of defect in title.
Not applicable to void transfers (e.g., future property under Section 6(a)).

🔹 6. CASE LAWS

(i) Jumma Masjid v. Kodimaniandra Deviah, AIR 1962 SC 847

Facts:
Transferor sold land without ownership; later acquired title.
Held:
Transferee could claim benefit — title “fed” into prior defective grant.
Significance:
Leading authority on Section 43.

(ii) Sail Bala Dassi v. Firm Suresh Chandra, AIR 1958 SC 394

Held:
Doctrine applies even if transferor’s later title is partial — transferee entitled to that extent.

🔹 7. ILLUSTRATION

A sells land to B claiming ownership; later inherits it.
B’s ownership becomes valid automatically — A cannot deny title.

🔹 8. CONCLUSION

The Doctrine of Feeding the Grant by Estoppel ensures that a false or mistaken transferor cannot later deny his own act.
It enforces fairness and prevents opportunistic behavior.
It converts future-acquired title into present validity for justice and equity.

🪪 5. DOCTRINE OF OSTENSIBLE OWNERSHIP

(Section 41, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

Suppose Mr. A allows his friend Mr. B to appear as owner of his house — B lives there, collects rent, and deals as if owner.
B sells it to Mr. C, a bona fide purchaser, without A’s consent.

Law says — A cannot later claim against C.
This is the Doctrine of Ostensible Ownership.

🔹 2. MEANING / DEFINITION

Section 41, TPA:

“Where, with the consent of the real owner, a person is the ostensible owner of property and transfers the same for consideration, the transfer shall not be voidable on the ground that the transferor was not authorized to make it, provided the transferee acted in good faith, after taking reasonable care.”

🔹 3. ESSENTIALS

Real Owner’s Consent
- Must allow another to appear as owner.
Apparent or Ostensible Ownership
- Transferee believes the transferor is true owner.
Transfer for Consideration
- Gratuitous transfers excluded.
Good Faith and Due Diligence by Transferee
- Must take reasonable care before purchase.

🔹 4. OBJECTIVE

To protect bona fide purchasers who rely on visible ownership.
To hold real owners responsible for their own negligence.
To promote trust and certainty in commercial property transactions.

🔹 5. LIMITATIONS

Consent of real owner must be express or implied.
Transferee must act in good faith and with due care.
No protection for fraud, collusion, or gratuitous transfers.

🔹 6. CASE LAWS

(i) Ramcoomar Koondoo v. McQueen, (1872) 11 Beng LR 46

Held:
Real owner who allows another to appear as owner cannot deny that ownership later against bona fide purchaser.

(ii) Guruswamy Nadar v. Lakshmi Ammal, AIR 1954 Mad 690

Held:
Protection under Section 41 available only if transferee acts in good faith and after reasonable inquiry.

(iii) Abdul Karim v. D. Satyapal, AIR 1986 MP 8

Held:
Doctrine based on equity — prevents real owner from misleading innocent buyers.

🔹 7. ILLUSTRATION

A allows B to live in his house and manage property as owner.
B sells it to C after due inquiry.
C is protected under Section 41 — A cannot reclaim property.

🔹 8. CONCLUSION

The Doctrine of Ostensible Ownership balances ownership rights with public confidence.
It punishes negligence and protects bona fide purchasers.
By binding the true owner to his own representation, it reinforces equity, good faith, and fairness in property law.

🎁 GROUNDS ON WHICH A GIFT CAN BE SUSPENDED OR REVOKED

(Section 126, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

A gift is a voluntary, gratuitous transfer of ownership of property made out of love and affection.
Once made and accepted, a gift generally becomes irrevocable, since it is not based on consideration.
However, there are situations where law allows a gift to be suspended or revoked, to prevent injustice or fraud.
The governing principle is found in Section 126 of the Transfer of Property Act, 1882, which balances the donor’s right to revoke and the donee’s right to retain the property.
Think of it like this: if Mr. A gifts his land to Mr. B, but the gift deed includes a valid condition that the gift will be cancelled if B stops taking care of A,
then the gift may be suspended upon the happening of that condition.

🔹 2. MEANING AND LEGAL BASIS (Section 126 TPA)

Section 126 of the Transfer of Property Act provides:

“The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor, a gift shall be suspended or revoked.”
Thus, a gift may be suspended or revoked:
1. By mutual agreement (on a condition agreed upon at the time of gift), or
2. By operation of law (for reasons like fraud, coercion, undue influence, etc.).

🔹 3. ESSENTIAL CONDITIONS FOR SUSPENSION / REVOCATION

For a gift to be suspended or revoked under Section 126, the following essentials must exist:

(a) Existence of an Agreement

There must be a clear agreement between donor and donee at the time of making the gift.
The condition for revocation or suspension must be part of the same transaction — not a later agreement.

Example: “This house is gifted to you, but if you leave the country permanently, the gift will be revoked.”

(b) Condition Must Be Valid and Legal

The event or condition must be valid, possible, and not illegal or immoral.
Conditions violating Section 25 of the Contract Act (void conditions) are invalid.

Example: A gifts land to B on condition that B must never marry — invalid condition (void).

(c) Event Must Be Beyond Donor’s Control

The event must not depend solely on donor’s will or desire.
It must be an independent event (e.g., death, change in circumstances, etc.).

(d) Mutual Consent

Suspension or revocation can only be done with the consent of both donor and donee, not unilaterally.

🔹 4. GROUNDS / MODES OF SUSPENSION OR REVOCATION

(1) By Mutual Agreement – Conditional Gift

If both parties agree at the time of making the gift that the gift shall be revoked or suspended on the happening of a particular event,
then the gift remains incomplete or in suspense until that event occurs.

Example: A gifts property to B on condition that if B dies before A, the property shall revert to A.
→ This is a valid conditional gift, which may be suspended on the death of B.

📘 Illustration (from Section 126):
If A gives a field to B, reserving the right to take it back if B and his descendants die without heirs, the gift is valid and may be revoked if the condition happens.

(2) By Operation of Law – Revocation in Contractual Grounds

A gift may be revoked like any other contract under the Indian Contract Act, 1872, if obtained by:

Fraud – When the gift is made through deceit or false representation.
Coercion – When the donor is forced into making the gift.
Undue Influence – When a person in a position of dominance induces the donor unfairly (e.g., spiritual guru taking property from disciple).

📘 Illustration:
An aged, illiterate man gifts his entire estate to his caretaker who dominates him emotionally — the court can revoke the gift for undue influence.

(3) By Condition Subsequent

If a valid condition is attached to the gift, it can be suspended upon the occurrence of the condition.
The condition must be a condition subsequent (happening later), not precedent.

Example: “A gifts his house to B but stipulates that if B stops managing A’s business, the gift shall be void.”
If B stops managing, the gift stands suspended/revoked.

🔹 5. OBJECTIVE / RATIONALE

To prevent abuse of donor’s trust and protect voluntary nature of gifts.
To ensure equity — a donee should not unjustly benefit from misconduct or fraud.
To ensure fairness and intention-based transfers — recognizing conditional and bona fide gifts.

🔹 6. LIMITATIONS AND RESTRICTIONS

No Unilateral Revocation
- Donor cannot revoke gift by mere wish once it’s validly accepted.
- Needs consent of donee or judicial order.
Condition Must Be Part of Gift Deed
- A separate or later condition cannot affect an already completed gift.
Event Cannot Depend on Donor’s Will
- E.g., “I will revoke the gift whenever I like” → invalid.
Fraud, Undue Influence, Coercion Must Be Proven
- Courts require strict proof since gift deeds are formal, registered documents.

🔹 7. CASE LAWS

(i) Naramadaben Maganlal Thakker v. Pranjivandas Maganlal Thakker, (1997) 2 SCC 255

Facts: Donor retained control over property despite gift.
Held: Gift not validly completed; donor’s intention unclear → may be revoked.
Significance: Voluntariness and complete transfer are essential.

(ii) K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581

Facts: A gift was challenged on ground of undue influence.
Held: Once gift is voluntary and accepted, cannot be revoked unless proven fraudulent.

(iii) Renikuntla Rajamma v. K. Sarwanamma, (2014) 9 SCC 445

Held: Retention of possession by donor does not make gift invalid if deed registered and accepted.
Significance: Suspension must arise from valid condition, not donor’s later change of mind.

(iv) Gian Kaur v. Jaspal Kaur, AIR 2011 P&H 198

Held: Gift obtained through undue influence from aged donor is voidable and can be revoked.

🔹 8. ILLUSTRATIONS

Example 1 (Conditional Suspension):
A gifts land to B on condition that if B leaves the country, the gift will be suspended.
→ If B leaves permanently, gift stands suspended.
Example 2 (Fraud):
A gifts property believing B is his son, but B forged documents.
→ Gift revocable for fraud.
Example 3 (Unlawful Condition):
A gifts land to B on condition B must never marry.
→ Condition void → gift remains absolute.

🔹 9. CONCLUSION

A gift, though inherently irrevocable, can be suspended or revoked in limited situations under Section 126 TPA.
These grounds include:
- Mutual conditional agreement, and
- Fraud, coercion, or undue influence.
The law strikes a balance between donor’s freedom and donee’s security, ensuring equity and preventing abuse.

Thus, the principle is clear:

“Once a valid gift is made and accepted, it is final — unless tainted by fraud or a lawful condition for suspension exists.”

🏠 LIABILITIES OF THE SELLER BEFORE AND AFTER SALE

(Section 55, Transfer of Property Act, 1882)

🔹 1. INTRODUCTION

The sale of immovable property under Section 54 of the Transfer of Property Act, 1882* is a transfer of ownership for a price.
In every such transaction, the seller (vendor) owes certain statutory and equitable duties to the buyer (vendee), ensuring that the buyer gets a clear, marketable, and peaceful title.
These obligations are codified in Section 55 of the Transfer of Property Act, which provides the rights and liabilities of buyer and seller in the absence of a contract to the contrary.
The duties of a seller fall under two stages:
1. Before Sale (Pre-sale Liabilities) – duties prior to transfer of ownership.
2. After Sale (Post-sale Liabilities) – obligations that arise once the ownership passes to the buyer.

In essence, Section 55 embodies the principle of fair dealing and good faith between vendor and purchaser.

🔹 2. LEGAL BASIS

Section 55, TPA, 1882:

“In the absence of a contract to the contrary, the seller and buyer of immovable property respectively are subject to the liabilities and entitled to the rights mentioned in this section.”
Hence, these are implied statutory duties — binding unless expressly excluded by agreement.

🔹 3. LIABILITIES OF THE SELLER BEFORE SALE

These obligations arise before the transfer is complete — i.e., from the date of contract until the execution and registration of the sale deed.

🟢 (1) Duty to Disclose Material Defects – Section 55(1)(a)

The seller must disclose any material defect in:
- His title to the property, or
- The physical condition of the property,
  which the buyer could not discover with ordinary care.
Material defect means one that substantially affects the property’s value or use.
Concealment or silence regarding such defect amounts to fraud or misrepresentation.

📘 Example:
A knows that a part of his house is built on encroached government land but hides this fact from B. B later faces eviction.
→ A is liable for breach of duty to disclose material defect.

⚖️ **Case 1: Dhian Singh Sobha Singh v. Union of India, AIR 1958 SC 274**

Facts:
The Government purchased certain lands from Dhian Singh for building purposes. The land was already under acquisition proceedings and encumbered, but this was not disclosed.
Issue:
Whether failure to disclose such pending acquisition proceedings amounted to concealment of material defect.
Judgment:
The Supreme Court held that non-disclosure of such proceedings was a material defect under Section 55(1)(a).
Significance:
Seller is legally bound to disclose all defects which materially affect the buyer’s title or value of the property. Silence in such cases amounts to fraudulent concealment.

⚖️ **Case 2: Bhagwat Dayal v. Debi Dayal, AIR 1960 SC 200**

Facts:
The seller sold property that was subject to a prior mortgage without informing the purchaser.
Held:
Non-disclosure of the encumbrance was fraudulent. The seller must reveal all material defects in title, especially existing charges or mortgages.
Significance:
Affirmed the doctrine of caveat venditor (let the seller beware) in property transactions.

🟢 (2) Duty to Produce Title Documents – Section 55(1)(b)

Seller must produce all documents of title for buyer’s inspection on demand.
This allows the buyer to verify ownership and encumbrances.

📘 Example:
A refuses to show the previous sale deed while negotiating a sale with B → violation of Section 55(1)(b).

⚖️ **Case 3: Basant Lal v. Kanhiya Lal, AIR 1915 All 317**

Facts:
The seller concealed title documents relating to a previous mortgage.
Held:
Concealment amounted to fraud; buyer entitled to avoid the sale.
Significance:
Transparency and production of title papers are mandatory obligations.

🟢 (3) Duty to Answer Questions Regarding Title – Section 55(1)(c)

Seller must answer truthfully any questions the buyer asks about ownership, boundaries, encumbrances, etc.
Failure to do so amounts to misrepresentation.

🟢 (4) Duty to Execute Proper Conveyance – Section 55(1)(d)

Seller must, on payment or tender of purchase money, execute a proper conveyance deed to transfer ownership lawfully.
Refusal to execute is breach of contract; buyer can sue for specific performance.

📘 Example:
A accepts full payment from B but refuses to register the deed → A liable for breach.

⚖️ **Case 4: Madan Mohan v. Krishan Kumar, AIR 1990 All 58**

Facts:
Buyer paid the full sale consideration, but seller refused to execute the sale deed.
Issue:
Whether seller is bound to execute the conveyance deed.
Held:
Seller bound to do so once price paid; buyer entitled to decree for specific performance.
Significance:
Reinforced that execution of sale deed is a statutory duty after payment.

🟢 (5) Duty to Take Care of Property – Section 55(1)(e)

Between contract and delivery, the seller must take reasonable care of the property and documents.
He is treated as a trustee for the buyer until sale completion.

📘 Example:
A agrees to sell house to B, but before registration A allows it to deteriorate. → A liable for negligence.

🟢 (6) Duty to Pay Outgoings – Section 55(1)(g)

Seller must pay all rents, taxes, and other public charges due up to the date of sale.
Property must pass to the buyer free from arrears and encumbrances.

⚖️ **Case 5: Narandas Karsondas v. S.A. Kamtam, (1977) 3 SCC 247**

Facts:
Property sold to purchaser, but seller had not cleared municipal taxes and mortgage dues.
Held:
Vendor must clear all statutory and financial charges up to the date of conveyance.
Significance:
Seller cannot pass encumbered title to buyer; obligation is continuous till transfer is complete.

🟢 (7) Duty to Deliver Possession – Section 55(1)(f)

After registration, seller must hand over possession to buyer or authorize delivery.
This ensures buyer’s effective enjoyment of ownership rights.

📘 Example:
A sells house to B, but continues to occupy it — B can sue for possession.

🔹 4. LIABILITIES OF SELLER AFTER SALE

After sale is completed, ownership and risk pass to the buyer.
Yet, certain post-sale liabilities remain binding on the seller.

🟢 (1) Duty to Ensure Peaceful Possession – Section 55(2)

Seller must ensure the buyer is not disturbed in possession by him or any person claiming under him.
He must indemnify the buyer if such disturbance occurs.

⚖️ **Case 6: Kamal Kumar v. Rajkumar Sharma, AIR 2009 SC 1762**

Facts:
After selling property, vendor attempted to re-enter and obstruct buyer’s possession.
Held:
Once ownership transferred, seller has no right to interfere; duty to ensure peaceful enjoyment of buyer.
Significance:
Section 55(2) imposes implied warranty of peaceful possession.

🟢 (2) Duty to Warrant Freedom from Undisclosed Encumbrances – Section 55(2)

Seller is bound to indemnify buyer for loss due to undisclosed encumbrances (e.g., mortgages, charges).

⚖️ **Case 7: Ram Gopal v. Hari Narain, AIR 1962 All 355**

Facts:
After sale, buyer discovered a prior mortgage not disclosed by seller.
Held:
Seller bound to compensate buyer for loss caused by undisclosed encumbrance.
Significance:
Duty of disclosure continues even after sale; seller must indemnify buyer for undisclosed charges.

🟢 (3) Duty to Deliver Title Deeds – Section 55(3)

If seller retains no part of the property, he must deliver all title deeds to buyer.
If he keeps a portion, he can retain originals but must give certified copies at buyer’s expense.

📘 Example:
A sells entire property to B → must deliver title deeds.
A sells half → may retain originals but share copies.

⚖️ **Case 8: Radhakishan v. Shridhar, AIR 1960 MP 36**

Facts:
Buyer was evicted because the seller failed to provide original title deeds showing proper ownership.
Held:
Seller liable to compensate buyer; failure to provide title deeds breached post-sale duty.
Significance:
Delivery of title documents is a statutory post-sale obligation.

🟢 (4) Duty to Pay Unpaid Dues Before Sale Date

Seller must clear all property-related dues (rent, taxes, electricity, water) up to sale date.
Buyer should not be burdened with arrears incurred before transfer.

⚖️ **Case 9: Union of India v. Dhanwanti Devi, AIR 1996 SC 306**

Held:
Seller liable for all dues and liabilities arising before sale; cannot transfer obligations to purchaser.

🔹 5. OBJECTIVE / RATIONALE

Ensures good faith and fair dealing between seller and buyer.
Protects buyer from hidden defects, undisclosed debts, or fraudulent titles.
Promotes certainty and stability in immovable property transactions.
Reflects equitable principle — that seller acts as trustee until transfer is completed.

🔹 6. LIMITATIONS

Liabilities under Section 55 apply only “in absence of contract to the contrary.”
Seller not liable for defects known to or discoverable by buyer.
Duties cease once buyer knowingly waives them.

🔹 7. ILLUSTRATIONS

Pre-sale:
A agrees to sell land to B but hides that part of it is mortgaged. → B can rescind sale or claim compensation.
Post-sale:
A sells a house to B but fails to deliver the title deed. → A liable for breach.
Encumbrance:
A sells property without clearing tax arrears → A must pay dues, not B.

🔹 8. CONCLUSION

Section 55 of the Transfer of Property Act is the cornerstone of vendor-purchaser relationships.
Before sale, the seller acts as a trustee, obligated to preserve property and disclose defects.
After sale, the seller acts as a guarantor, ensuring that the buyer enjoys peaceful, encumbrance-free possession.
Courts consistently emphasize the doctrine of caveat venditor — let the seller beware.
Hence, the seller’s liabilities before and after sale ensure equity, transparency, and justice in property transactions.

✅ QUICK REVISION TABLE

Stage	Liability	Section	Case Law	Key Point
Pre-sale	Disclose defects	55(1)(a)	Dhian Singh v. UOI (1958)	Non-disclosure = fraud
Pre-sale	Show title documents	55(1)(b)	Basant Lal (1915)	Transparency duty
Pre-sale	Execute sale deed	55(1)(d)	Madan Mohan (1990)	Buyer can seek specific performance
Pre-sale	Pay outgoings	55(1)(g)	Narandas Karsondas (1977)	Seller clears dues
Post-sale	Quiet possession	55(2)	Kamal Kumar (2009)	Seller cannot disturb buyer
Post-sale	Free from encumbrances	55(2)	Ram Gopal (1962)	Must indemnify buyer
Post-sale	Deliver title deeds	55(3)	Radhakishan (1960)	Must hand over originals

🏛️ PROVISIONS DEALING WITH THE RENT CONTROLLING AUTHORITY UNDER THE M.P. ACCOMMODATION CONTROL ACT, 1961

🔹 1. INTRODUCTION

The Madhya Pradesh Accommodation Control Act, 1961 is a welfare legislation enacted to regulate rents, prevent exploitation of tenants, and control eviction of tenants from rented premises.
Before this Act, there was no uniform mechanism to control rent or protect tenants in urban areas of Madhya Pradesh.
To achieve these objectives, the Act created a quasi-judicial authority known as the Rent Controlling Authority (RCA) — a special officer empowered to decide matters like:
- fixation of standard rent,
- lawful increase of rent,
- permission for eviction,
- determination of tenant and landlord disputes.
The RCA ensures speedy, inexpensive, and specialized adjudication outside the ordinary civil courts.

Thus, the Rent Controlling Authority forms the heart and administrative machinery of the Act.

🔹 2. STATUTORY BASIS

The Rent Controlling Authority is established under Chapter IV of the M.P. Accommodation Control Act, 1961, specifically under Sections 28 to 36.
These sections collectively lay down provisions regarding:
- appointment and constitution of the RCA,
- its powers, jurisdiction, and procedure,
- appeal and finality of orders, and
- execution and enforcement of decisions.

🔹 3. CONSTITUTION AND APPOINTMENT

📜 Section 28(1) – (2)

(a) Appointment by Collector

The Collector, with the prior approval of the State Government, shall appoint an officer not below the rank of Deputy Collector as the Rent Controlling Authority for the area to which the Act applies.
The appointment ensures that a competent revenue officer with quasi-judicial experience handles tenancy matters.

(b) Additional Authorities

The Collector may also appoint one or more Additional Rent Controlling Authorities to assist or perform functions in specified local areas.
Such officers are subordinate to the RCA and perform duties as directed by the Collector.

📘 Illustration:
In a large district like Indore or Bhopal, the Collector may appoint multiple Additional RCAs for different municipal zones to handle heavy caseloads.

🔹 4. POWERS OF THE RENT CONTROLLING AUTHORITY

📜 Section 29

The RCA has extensive powers, both judicial and administrative, to effectively implement the Act.

(a) Powers of a Civil Court

The RCA enjoys all powers of a Civil Court under the Code of Civil Procedure, 1908 while conducting inquiries.
These include:
1. Summoning and enforcing attendance of witnesses.
2. Compelling discovery and production of documents.
3. Issuing commissions for examination of witnesses or local inspection.
4. Receiving evidence on affidavits.

Hence, the RCA functions like a court of record within its limited jurisdiction.

(b) Power of Inspection

The RCA may, after giving the landlord or tenant not less than 24 hours’ written notice, enter and inspect any accommodation between sunrise and sunset for purposes of inquiry or verification.
It can also order the production of relevant documents such as rent receipts, account books, or maintenance records.

📘 Illustration:
If the tenant alleges that the landlord has made unauthorized alterations, the RCA may inspect the premises personally before deciding.

(c) Power to Call for Information

The RCA can direct any person to furnish information or produce records necessary for deciding rent disputes or eviction matters.

(d) Power to Punish for Non-compliance

Refusal to comply with orders of RCA may attract penalties or contempt proceedings under the Act.

🔹 5. PROCEDURE BEFORE THE RCA

📜 Section 30

(a) Principles of Natural Justice

Before making any order prejudicial to a party (such as ordering eviction or fixing rent), the RCA must:
1. Serve notice to all affected parties,
2. Allow reasonable opportunity to show cause, and
3. Consider all objections and evidence produced.
This upholds the principle of audi alteram partem — “hear the other side.”

(b) Procedural Rules

In absence of a specific provision, the RCA must follow, as far as possible, the procedure of a Court of Small Causes under the Civil Procedure Code.
Proceedings are summary in nature to ensure quick disposal.

(c) Recording of Reasons

Every final order must be reasoned and in writing, enabling appellate scrutiny.

⚖️ **Case Law: Smt. Savitri Devi v. Ram Chandra (MPHC, 1973)**

Facts: Tenant challenged the eviction order passed by RCA alleging lack of hearing.
Held: The High Court held that RCA must give a fair opportunity of hearing to both parties; non-compliance vitiates the order.
Significance: Reinforced procedural fairness and due process under Section 30.

🔹 6. FUNCTIONS AND JURISDICTION

(a) Fixation of Standard Rent – Section 10

RCA decides what is the “standard rent” for any accommodation on application by landlord or tenant.
It may also fix lawful increases (e.g., due to improvement, municipal tax rise, etc.).

(b) Eviction of Tenant – Section 12

RCA grants or refuses permission to evict tenants on lawful grounds such as non-payment, sub-letting, nuisance, bona fide requirement, etc.

(c) Dispute Resolution

RCA adjudicates disputes regarding:
- rate of rent,
- arrears and recovery,
- restoration of possession,
- repairs, amenities, and service charges.

(d) Execution of Orders – Section 35

RCA’s orders are executable as a decree of a Civil Court, and the RCA has all powers of such court for execution.

🔹 7. APPEALS AND REVISIONS

📜 Section 31

(a) Appeal to District Judge

Any person aggrieved by an order of RCA can file an appeal before the District Judge (or Additional District Judge having jurisdiction) within 30 days of the order.
The appellate authority may confirm, vary, or set aside the RCA’s order.

(b) Exclusion of Civil Court Jurisdiction

Once the RCA decides an issue under the Act, civil courts cannot entertain suits on the same matter.
The decision of the appellate authority is final, except for limited judicial review under Article 226/227 of the Constitution.

⚖️ **Case Law: M.P. Electricity Board v. Smt. Laxmibai (MPHC, 1985)**

Facts: Landlord filed a separate civil suit for eviction despite RCA’s jurisdiction.
Held: Civil court has no jurisdiction where the Act specifically vests powers in RCA.
Significance: Reinforced exclusivity of RCA jurisdiction.

🔹 8. FINALITY AND EXECUTION OF ORDERS

📜 Sections 34, 35 & 36

(a) Enforcement Powers – Section 34

RCA can recover fines imposed under the Act as if it were a Magistrate under CrPC.
Enables efficient enforcement of penal provisions (e.g., overcharging rent).

(b) Execution of RCA’s Orders – Section 35

Orders of RCA or appellate authority shall be executed by RCA as if it were a decree of a Civil Court.
RCA enjoys powers to attach property, appoint receiver, or order possession delivery.

(c) Finality of Orders – Section 36

Except as provided under appeal or revision, RCA’s orders are final and binding and cannot be questioned in any civil or criminal proceeding.

🔹 9. ROLE AND IMPORTANCE OF RCA

The RCA acts as the pivot of rent regulation under the Act.
It ensures:
- protection of tenants from unfair eviction,
- fair return to landlords,
- avoidance of lengthy civil litigation,
- uniformity in rent control enforcement.

The RCA bridges the gap between administrative authority and civil judiciary, providing specialized, accessible justice in rent disputes.

10. CONCLUSION

The Rent Controlling Authority under the M.P. Accommodation Control Act, 1961 plays a crucial quasi-judicial role in balancing the rights of landlords and tenants.
Sections 28 to 36 comprehensively outline its constitution, powers, jurisdiction, procedure, appeals, and finality.
The RCA is designed to be efficient, fair, and accessible, ensuring protection against arbitrary rent increases and unlawful evictions.
In essence, it embodies the social welfare objective of rent control laws — to secure housing justice through regulation and fairness.

✅ QUICK REVISION TABLE

Provision	Section	Subject	Key Point
Appointment	28	Collector appoints officer (Dy. Collector or above) as RCA	Establishment of authority
Powers	29	Civil Court powers; inspection rights	Inquiry and evidence collection
Procedure	30	Natural justice, hearing	Summary procedure like Small Causes Court
Appeals	31	Appeal to District Judge within 30 days	One level of appeal only
Enforcement	34–35	Recovery of fines and execution of orders	RCA acts like Civil Court
Finality	36	Orders final and binding	Exclusion of civil court jurisdiction

Chapter III OF SALES OF IMMOVEABLE PROPERTY

54. “Sale” defined. Sale how made. Contract for sale.

55. Rights and liabilities of buyer and seller.

56. Marshalling by subsequent purchaser.

Discharge of Incumbrances on Sale

57. Provision by Court for incumbrances es and sale freed therefrom

Chapter IV OF Mortgages of immoveable property and charges

58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money”and “mortgage deed”defined. Simple mortgage. Mortgage by conditional sale. Usufructuary mortgage. English mortgage. Mortgage by deposit of title-deeds. Anomalous mortgage.

59. Mortgage when to be by assurance.

59A. References to mortgagors and mortgagees to include persons deriving title from them.

Rights and Liabilities of Mortgagor

60. Right of mortgagor to redeem. Redemption of portion of mortgaged property.

60A.Obligation to transfer to third party instead of re -transference to mortgagor.

60B. Right to inspection and production of documents.

61. Right to redeem separately or simultaneously.

62. Right of usufructuary mortgagor to recover possession.

63. Accession to mortgaged property. Accession acquired in virtue of transferred ownership

Rights and liabilities of Mortgagee

67. Right to foreclosure or sale.
67A. Mortgagee when bound to bring one suit on several mortgages.
68. Right to sue for mortgage-money.
69. Power of sale when valid.
69A. Appointment of receiver.
70. Accession to mortgaged property.
71. Renewal of mortgaged lease.
72. Rights of mortgagee in possession.
73. Right to proceeds of revenue sale or compensation on acquisition.
74. [Repealed.]. 75. [Repealed.].
76. Liabilities of mortgagee in possession. Loss occasioned by his default.
77. Receipts in lieu of interests.

Sem V Property Law

🏠 SALE — Section 54, Transfer of Property Act, 1882

🔹 1. INTRODUCTION

🔹 2. MEANING AND DEFINITION

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID SALE

🔹 4. OBJECTIVES AND RATIONALE

🔹 5. LIMITATIONS

🔹 6. CASE LAWS

(i) Narandas Karsondas v. S.A. Kamtam, (1977) 3 SCC 247

(ii) Aloka Bose v. Parmatma Devi, (2009) 2 SCC 582

(iii) K.B. Saha & Sons Pvt. Ltd. v. Development Consultant Ltd., (2008) 8 SCC 564

🔹 7. EXAMPLES / ILLUSTRATIONS

🔹 8. CONCLUSION

🏦 MORTGAGE

🔹 1. INTRODUCTION

🔹 2. MEANING AND DEFINITION

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID MORTGAGE

🔹 4. OBJECTIVES AND RATIONALE

🔹 5. TYPES OF MORTGAGE (Section 58)

(a) Simple Mortgage (Sec. 58(b))

(b) Mortgage by Conditional Sale (Sec. 58(c))

(c) Usufructuary Mortgage (Sec. 58(d))

(d) English Mortgage (Sec. 58(e))

(e) Mortgage by Deposit of Title Deeds / Equitable Mortgage (Sec. 58(f))

(f) Anomalous Mortgage (Sec. 58(g))

🔹 6. PROCEDURE FOR EFFECTING A MORTGAGE

🔹 7. LIMITATIONS AND CONDITIONS

🔹 8. CASE LAWS

(i) Pandit Chunchun Jha v. Sheikh Ebadat Ali, AIR 1954 SC 345

(ii) Kreglinger v. New Patagonia Meat Co. (1914) AC 25 (HL)

(iii) Narandas Karsondas v. S.A. Kamtam (1977) 3 SCC 247

(iv) Sundarabai v. Devaji Shankar Deshpande, AIR 1979 SC 1505

🔹 9. ILLUSTRATIONS

🔹 10. CONCLUSION

🏡 LEASE

🔹 1. INTRODUCTION

🔹 2. MEANING AND DEFINITION

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID LEASE

🔹 4. OBJECTIVES AND RATIONALE

🔹 5. PROCEDURE FOR EFFECTING A LEASE

🔹 6. RIGHTS AND DUTIES

Rights of Lessee (Sections 108–111)

Duties of Lessee

🔹 7. LIMITATIONS

🔹 8. CASE LAWS

(i) Associated Hotels of India Ltd. v. R.N. Kapoor, AIR 1959 SC 1262

(ii) Pradeep Oil Corporation v. Municipal Corporation of Delhi, (2011) 5 SCC 270

(iii) Qudrat Ullah v. Municipal Board, Bareilly, AIR 1974 SC 396

(iv) State of U.P. v. Zahoor Ahmad, AIR 1974 SC 1782

🔹 9. ILLUSTRATIONS

🔹 10. TERMINATION OF LEASE (Section 111)

🔹 11. CONCLUSION

🎁 GIFT

🔹 1. INTRODUCTION

🔹 2. MEANING AND DEFINITION

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID GIFT

🔹 4. OBJECTIVES AND RATIONALE

🔹 5. TYPES OF GIFT

🔹 6. PROCEDURE FOR EFFECTING A GIFT

🔹 7. LIMITATIONS / CONDITIONS

🔹 8. CASE LAWS

(i) Renikuntla Rajamma v. K. Sarwanamma, (2014) 9 SCC 445

(ii) K. Balakrishnan v. K. Kamalam, (2004) 1 SCC 581

(iii) Naramadaben Maganlal Thakker v. Pranjivandas Maganlal Thakker, (1997) 2 SCC 255

(iv) Smt. Gian Kaur v. Smt. Jaspal Kaur, AIR 2011 P&H 198

🔹 9. ILLUSTRATIONS

🔹 10. REVOCATION AND SUSPENSION OF GIFT (Section 126)

🔹 11. DIFFERENCE BETWEEN GIFT AND OTHER TRANSFERS

🔹 12. CONCLUSION

🔁 EXCHANGE

🔹 1. INTRODUCTION

🔹 2. MEANING AND DEFINITION

🔹 3. ESSENTIALS / INGREDIENTS OF A VALID EXCHANGE

🔹 4. OBJECTIVES AND RATIONALE

🔹 5. PROCEDURE FOR EFFECTING AN EXCHANGE

🔹 6. RIGHTS AND LIABILITIES OF PARTIES (Section 119–121)

Section 119 – Rights on Defective Title

Section 120 – Rights and Liabilities of Parties

Section 121 – Transfer of Ownership

🔹 7. LIMITATIONS