Chapter 1 Moveable and Immovable Property -Property has been defined in R.C. Cooper v. UOI-Property denotes-Every kind of interest or right hi!h has an e!onomi! !ontent. "Movable property" property " shall mean property of every des!ription# e$!ept immovable property. "Immovable property" property " shall in!l%de land# benefits to arise o%t of land# and things atta!hed to the earth# or permanently fastened to anything atta!hed to the ear th. &'eneral Cla%se (!t# 1)*+, MO(/E PROPER0
IMMO(/E PROPER0
It !an be transferred from one pla!e to It !ann !annot ot be tran transf sfer erre red d itho itho%t %t !a%s !a%sin ing g e$te e$tens nsiv ive e dama damage ge to the the another. property. 0he damage relates to the nat%re of the Registration is optional as per the Indian property Registration (!t# 1*2). 0he 3ales and Central 3ales ta$es are Registration is !omp%lsory %nder the Indian Registration (!t# 1*2) if the applied# val%e of the property is more than Rs. 122. 0he property needs to be registered at the 3%b-Registrar4s offi!e. 0he appropriate stamp d%ty and the registration fee have to be paid. -Types of propertiesproperties &1, MoveableMoveable&5, ImmovableImmovable&a, Land-anything Land-anything or beneth or on s%rfa!e in its nat%ral state &b, Benefits arising out of land (Profits ( Profits a prendre)-0he prendre)-0he essentials are&i, 0he person !laiming m%st have an interest in the land &ii, It m%st be in respe!t of prod%!e or profit of the soil Eg.-6 sells a forest to # the trees# rivers# minerals et! all forming part of the land or the benefits to arise o%t of land# ill go ith it. &!, Things attached to earth &i, 0hings rooted in the earth-trees# shr%bs &e$!ept standing timber# groing !rops and grass, &ii, 0hings imbedded in the earth-ho%ses# b%ildings &iii, 0hings atta!hed to hat is so embedded for permanent benefi!ial en7oyment of that hi!h is embedded &8o!trine of fi$t%res,-8oors# indos are atta!hed to the ho%se for permanent en7oyment of ho%se. &iv, Chattel atta!hed to earth or b%ilding- the degree# manner# e$tent and strength of atta!hment of !hattel is taken into !onsideration. -Doctrine of fixtures-3omething fixtures -3omething anne$ed to the freehold. 9hen 9 hen a movable be!omes immovable &a, uid uid plantatur solo solo credit-hatever credit -hatever is planted in the earth# ear th# be!omes the part of earth. It applies only hen there is no !ontra!t to the !ontrary &b, uid uid inaedificature solo solo credit-hatever credit -hatever is b%ilt into or embedded into or atta!hed to soil be!omes part of the earth. %t it doesn4t apply to trade fi$t%res. -!ase on Doctrine of "ixtures"ixtures &1, Bamdev Panigrahi v# Manorama $ai%
-Movable propertyproperty -Property of every des!ription e$!ept immovable property &Right of orship# royalty# any ma!hinery hi!h is not atta!hed to earth and !an be shifted from one pla!e pla!e to another# ( right to re!over maintenan!e# 8e!ree for arrears# standing timber# groing !rops and grass. -&tanding timber-( timber-( tree that has attained its f%ll age# height and dras minim%m s%stenan!e from earth:soil and if it !rosses this age# its shape and !ondition starts de!reasing and deteriorating. It is ready for being !%t and !o%ld be %sed for making vario%s items vi;. f%rnit%re et!. 9hether a tree is timber or not depends on the !ategory of the tree and the !ommon p%rpose of s%!h !ategory. (ll the stat%tory definitions have e$!l%ded standing timber# groing !rops and grass from the p%rvie of an immovable property.
s%!h ob7e!ts e$tends to many a year or if the oner of the trees is interested in f%rther vegetative groth# then they ill be treated as immovable property. 0he transfer of trees standing on land does not amo%nt to the transfer of the land also. -Timber tree-( tree hi!h is groing and draing s%stenan!e from soil. -Cases &1, 'nand Behera v# &tate- ( right to !at!h aay fish from Chilika /ake# over a n%mber of years as held to be profit a prendre. &enefits arising o%t of land, &5, &hanta Bai v# &tate (&tanding Timber and Timber tree)-Right to enter land# !%t and !arry aay ood over a period of 15 years as held to be immovable property. &enefits arising o%t of land and 3tanding timber and timber tree, &=, &tate v# Titaghur Paper Mills !ompany% -Tests to determine hether a property is movable or fixture&a, Degree or mode of attachment and result of its detachment &b, b*ect or purpose of attachment &!, By hom it is brought or attached
Chapter 5 (ttestation &3e!tion-=, 'ttest-means to sign and itness any fa!t. (ttesting as per 0P( means a person has signed the do!%ment by ay of testimony of the fa!t that he sa it e$e!%ted. 0he la re>%ires some a%thenti!ity of the do!%ment and that it as e$e!%ted by a person4s free ill and %nderstanding and itho%t any for!e# fra%d or !oer!ion. -$euisites &1, there m%st be atleast to itness &5, it is not ne!essary that all the itnesses m%st sign at the same time &=, it is ne!essary that the itness m%st sign in the presen!e of the e$e!%tants &?, it is ordinarily ne!essary that the itness m%se see &a, the e$e!%tants sign:th%mb impression to the instr%ment4 &b, or some other person sign the instr%ment in the presen!e and at the dire!tion of e$e!%tant &!, or the itness sho%ld re!eive an a!knoledgement of e$e!%tant4s signat%re:0.I. or of the person signing on the behalf of the e$e!%tants &@, 0he itness m%st sign after the e$e!%tion of the instr%ment &A, 0he itness !an sign anyhere in the instr%ment and no pla!e is fi$ed as to here he sho%ld sign. &+, (nybody !an sign ho is !apable of entering a !ontra!t &), Animo Attestandi -0he itness m%st sign ith the intention of attesting the fa!ts and not 7%st mere signing it.
%ainted ith the voi!es of both the ladies and on these gro%nds the !o%rt held that the attestation done by to itnesses ere gen%ine and valid. &5, M#L#'# -abbar v# +#.# &astri%0he se!%rity bond as signed by three itness# a soli!itor and the registering offi!er. 5 o%t of the = itnesses and the soli!itor itnessed the do!%ment 7%st for the sake that they have identified the e$e!%tants. 0he !o%rt held some !ondition to be f%lfilled for an a%thenti! attestation. 0he !o%rt held that the registering offi!er !an also be a attesting itness if it !an be proved that he a!ted animo attestandi. If it f%lfills all the !ondition of 3e!tion = 0P(# then the attestation is valid.
Chapter = Boti!e &ection / TP'%,otice-It is a knoledge of a fa!t
( person is said to have a knoledge of a fa!t hen&1, he a!t%ally knos the fa!t &5, hen# b%t for his ishf%l abstention# from an in>%iry or sear!h hi!h he o%ght to have made# or gross negligen!e# he o%ld have knon it &!onstr%!tive or imp%ter noti!e, -Types of notice&1, 'ctual-(!t%al as the term spe!ifies# here the person in a!t%al possess the knoledge of the fa!t. It is on the party of the imp%ting the noti!e to prove that the other party a!t%ally had the knoledge. &5, !onstructive &a, illful abstention from an inuiry or search- ( sells a property to . &b, 0ross negligence-( took a loan from (C bank and kept the title deed of his ho%se ith the bank as se!%rity. Dor paying off the debt amo%nt# ( asks the bank to handover the title deed so that he !an strike a good deal for selling his ho%se. 0he bank a!ting negligently gave the papers to (. ( again on the same papers applied for loan to other banks. %en!es as he o%ld be imp%ted ith !onstr%!tive noti!e of registration transa!tion. &d, 'ctual Possession as a notice-( sells a property to . 9hile C as the real oner and as in possession of the property. ( !o%ld have made some in>%iries abo%t the 4s stat%s and his possession in the property and by doing so he !o%ld have had the knoledge that the a!t%al oner as C ho is in a!t%al possession of the property. &e, Imputed ,otice-0he %nderlying prin!iple of this is that no person shall be alloed to get rid of the do!trine by simply employing an agent.( person is deemed to have had noti!e of the fa!t if his agent a!>%ired noti!e &i, hile a!ting on his behalf &ii, in the !o%rse of b%siness &iii, to hi!h b%siness# the fa!t is material. %t if the agent by fra%d# !on!eals the fa!ts# the prin!ipal !annot be !harges ith noti!e. -!ases &1, 'M! v# +a*i 'bdul 0afoor (!onstructive notice) -( be!ame insolvent.
Chapter-? 0ransfer of Property &ection 1 TP'-0ransfer of property means here a living person !onveys property. It is !reating of a ne title and passing on the property to some other living person or more living persons or to himself. 0he 8efinition in!l%des&1, /iving persons-in!l%des# !ompany# asso!iation# body of individ%als# to himself &5, Property-onership# tenan!y# !opyrights# trademarks et!. &=, 0ransfer-of either all the rights or interest in the property or transfer of some s%bordinate rights D%t%re property !an4t be a s%b7e!t of transfer be!a%se of spe!%lation. -2inds of transfer-3ale# mortgage# lease# gift et!. -3ill% is not a transfer of propertyF. Cases on 9ill&1, ,# $amaiah v# &# ,agra* (!ase explaining the difference beteen Transfer of Property and 3ill) -( ill as made in favo%r of nephe of (. 0he ill as !hallenged by the ido of ( thro%gh her brother. 3he !ontended that the 9ill as got %p do!%ment and she is the one ho ill s%!!eed the property as a sole legal heir of (. 0he nephe took an in7%n!tion and the !o%rt dire!ted the ido to maintain a stat%s >%o. Meanhile# after some time she died and before her death she e$e!%ted a ill in favo%r of her brother. %eathed her property to him and his !hildren and therefore he is one of the !o-oners of the property hi!h as the s%b7e!t matter. 0he nephe !ontended that the 9ill is in brea!h and defian!e of the order of stat%s >%o. 0he !o%rt held that the 9ill and transfers are both different. In transfer# the property is transferred inter vivos b%t 9ill only be!omes operative hen the person making it# dies. 0he transfer !reates a ne title hile a ill is a mere spe!%lation. 9ill only reg%lates s%!!ession. 0he 0ransfer is immediate and irrevo!able hile 9ill is revo!able and !omes into operation only after death. 0he !o%rt held the 9ill is not same as transfer. ( 9ill in!l%des only those intention of a testator ith respe!t to his property hi!h he desires to reg%late s%!!ession and it !reates no ne title# onership right and nor the possession is affe!ted.
Chapter @ 9hat kind of Property !an be transferred &3e!tion Aa# ?=, -3hat may be transferred (&ection 4) (lienation rei prefert%r 7%ri a!!res!endi hi!h means la favo%rs alienation to a!!%m%lation. (ny kind may be transferred and the one ho is opposing the non-transferability sho%ld prove that %nder hi!h la or !%stom the property !an4t be transferred -&pes successionis- &ection 4a 9here the heir has got only a mere possibility to get the property i.e. here there is only a spe!%lation# the heir !annot transfer the spe!%lated property to someone else. &1, %ire in s%!h property at any time d%ring hi!h the !ontra!t of transfer s%bsists. 0he general r%le is nemo dat quod non habet F hi!h means no one !an give to another# hat he himself does not have. If any s%!h transfer is e$e!%ted# then is s%!h !ase# %nder this se!tion# prote!tion is given to the bonafide p%r!haser. 0his 3e!tion is partly based on 8o!trine of Estoppel. Eg-( transfers a property of hi!h he has no right.
3e!tion ?= It is only for immovable properties It is for transfers ith !onsideration Misrepresentation or fra%ds is there on the part of the transferor relating to the title of the property It deals ith !onse>%en!es of misrepresentation It in!l%des r%le of estoppel 0he stat%s be!omes void at the option of the transferee
(8) 2artar &ingh v# +arbans 2aur -( hind% omen e$e!%ted a sale deed of the land belonging to her minor son. %ire# in hi!h he failed. 0h%s# first !ondition to 3e!tion ?= is not proved. D%rther# 3C said that the !ontra!t has to s%bsist# if the transferee ants restit%tion. %t in this !ase# the !ontra!t as void ab initio as the mother:transferor as not a !ompetent person to transfer the property on behalf of the minor son. 3C !larified that as per 3e!tion ?= &1, It doesn4t matters hether the transferor a!ted fra%d%lently or inno!entrly in making the representation# hat matters is that if the transferee kne as a fa!t that the transferor doesn4t possess the title hi!h he represents he has# then in s%!h a sit%ation 3e!tion ?= ill not apply. 8e!ision-3e!tion ?= ill not apply b%t 3e!tion A&a, ill apply and the mother s%!!eeds. 0he !ontra!t is a void !ontra!t.
Chapter A Restraints on 0ransfer 0he la favo%r alienation and not a!!%m%lation. &ection 79-9here the property is transferred to the transferee by absol%tely restraining ith some !ondition ith it vi;. that he !annot sell or that he !annot transfer the property. 3%!h !onditions are void. -"eatures of&1, It is !alled !onditional transfer &5, It talks only those !onditions hi!h are s%bse>%ent to the vesting of the interest in the transferee &5, the absol%te restraint binds the transferee from parting from his interest in the property &=, 3%!h !onditions are void &?, 3%!h !onditions are not void hen &i, here the !ondition is for the benefit of the lessor or those !laiming %nder him &ii, here the !ondition is for the benefit of a omen ¬ being
that they !annot sell their share of property to a non-parsi. One of the members as negotiating ith one of the b%ilder4s asso!iation. %ally divided beteen 3on ( and 3on . It is to be noted that no s%!h !ondition as imposed in the shares of the sons. 0he !ondition on the parent4s share as an absol%te restraint be!a%se ith s%!h a !ondition they ere not in a position to alienate their pr operty. 0he !o%rt held that the !ondition as a void !ondition. -Restri!tion on the Dree en7oyment of propertyRestri!tion rep%gnant to interest !reated- &3e!tion 11,-(ny !ondition hi!h restraints the en7oyment of the property hi!h is transferred absol%tely is void. Eg-( !ondition that the transferee sho%ld alays give the land on a definite rent or that he sho%ld not !%ltivate in a parti!%lar manner# are void !onditions. 3e!tion 12 It deals ith the !onditions imposed on the transfer It is appli!able to all transfers hether absol%te or partial It deals ith the poer to alienate 0otal restraint is void
3e!tion 11 It deals ith the !onditions imposed on en7oyment It is appli!able only hen the transfer is absol%te It deals ith the en7oyment 0he oner !an en7oy the property in any manner
E$!eption to 3e!tion 11 -0he transferor !an impose !ertain restri!tions on the transferee if&1, 0ransferor4s on land is ad7a!ent to the land transferred to the transferee -&ection 59%!onvenants-0hese are the !onditions imposed by the transferor on the %se of land by the transferee for the benefit of his ad7oining land. 0hese !ovenants are in riting !reating an obligation hi!h may be positive or negative&1, Positive !ovenant &b%rden on land,-it stip%lates the performan!e of some a!t or payment of money &5, Begative-It restri!ts some a!ts vi;. not to raise the b%ilding.
Chapter ) /is Pendens &Pending litigation,-&ection 18 (!omplete) -lis pendence in short means that during the pendency of suit; the parties cannot transfer their properties# -Ut lite pendent nihil innoveteur =nothing ne should be introduced in a pending lit igation -it aims to prevent m%ltipli!ity of s%its of pro!eedings related to the same land. -9here a s%it or pro!eed is pending beteen to parties ith respe!t to an immovable property# and one of the parties thereto sells or otherise transfers# the s%b7e!t matter of the litigation# then the transferee ill be bo%nd by the res%lt of the s%it or pro!eeding# hether or not he had noti!e of the s%it or pro!eeding. 0his r%le is knon as lis pendens. Eg- ( and are neighbo%rs. en!roa!hed (4s land. ( filed a s%it and hile the s%it as pending sold the property to C. 9hatever the de!ision the !o%rt gives# hether in favo%r or against # that C ill also be bo%nd by that de!ision. Essentials of the 8o!trine1, 0here m%st be penden!y of a s%it or pro!eeding 5, 0he s%it m%st be pending in a !ompetent !o%rt =, 0he s%it m%st not be !oll%sive-0here m%st not be a fra%d. Eg.- ( and agreed and !onspired that o%ld file a s%it against ( in respe!t of a ho%se in (4s possession and d%ring the penden!y of the s%it o%ld sell that property to C ith the belief that the sale-deed e$e!%ted in favo%r of C o%ld be set aside by the !o%rt be!a%se of lis pendens and ill divide the amo%nt e>%ally. 0hey ork their plan. 0he de!ree goes in the favo%r of . Bo# the s%it being !oll%sive and the possession o%ld go to 8 and not . ?, 0he right to immovable property m%st be in >%estion dire!tly and spe!ifi!ally @, 0he property in >%estion m%st be transferred or otherise dealt ith b y any to the litigation A, 0he alienation m%st affe!t the rights of the other party -Cases&1, -ayaram Mudaliar v# 'yyasamy%0he property as a%!tioned be!a%se of some money de!ree. 0he Harta had to repay !ertain debts on behalf of the family. ( member of the family of the Harta filed a s%it for partition. 0he a%!tion took pla!e hile the s%it as pending. 0he !o%rt held that the a%!tion as hit by lis pendens as the alienation made by the Harta ere fra%d%lent and not for the legal ne!essity and the share of the !laimant shall remain %naffe!ted in the partition. &5, Dalip 2aur v# -eean $am% preemption case%(proceedings before the &! are a continuation of those in the original suit and that the principle of lis pendens as ell as restitution shall apply to the proceedings)%( filed a s%it for possession by ay of preemption against . %estion as that hether the gift deed o%ld be hit by lis pendensG 0he !o%rt held at the time hen the gift as e$e!%ted# there as no s%it pending in the !o%rt related to the said property. a !inema case)-0he plaintiff gave Rs.5@2222:- to the respondents against the se!%rity of bales of !otton. 0he respondents also e$e!%ted a registered-mortgaged deed of pla;a !inema in favo%r of the plaintiffs to !lear the d%es. (s the plaintiffs ere %nable to re!over the d%es# they filed a s%it for the sale of Pla;a !inema. 0he theatre as atta!hed to the de!ree against the respondents. 8%ring the atta!hment# the respondent e$e!%ted an %nregistered lease deed in favo%r of some !ompany and they !ontended that they !arried on the b%siness sin!e 1*?2. 0heir lease finished in 1*?A and a ne registered lease as e$e!%ted in 1*@A. 0he time d%ring hi!h the property as in disp%te %nder a s%it in the !o%rt as beteen 1*@5-1*A2,. 0h%s the registered lease as e$e!%ted d%ring the lis pendens. Co%rt
held# that sin!e the lease as registered d%ring lis pendens# the right of the tenants ere s%b7e!t to the de!ision of the !o%rt. &@, &#-# Mahaprabhu v# P#!# !hatter*ee-
Chapter-12 Mortgage &3e!tion @), ( mortgage is a kind of se!%rity given by the debtor to the !reditor. 0he ob7e!t of a mortgage is to se!%re the debt or other obligations. It prote!ts a !reditor# for even if the borroer be!omes insolvent the money !an be reali;ed from the property given by ay of se!%rity. %6lements of Mortgage1, 0ransfer of interest 5, 3pe!ifi! immovable property =, Consideration for Mortgage %Types of Mortgages1, 3imple mortgage (&ection 1?b)-Possession is not given to the !reditor b%t right to sell is given. 0he !reditor has no right to !olle!t rent from the mortgaged property. If the !reditor ants to sell the property in defa%lt of payment of his money# he has to take permission from the !o%rt first. 5, Mortgage on !ondition sale (&ection 1?c)-In this# the property is !onsidered as sold if !ondition set are met. &a, On !ondition that on defa%lt of payment of the money on a !ertain date the sale shall be!ome absol%te &b, If the money is paid on the date fi$ed# the sale shall be!ome void &!, On !ondition that on s%!h payment being made# the b%yer shall transfer the property to the seller In this kind of mortgage# the mortgagee has a >%alified onership. =, Us%fr%!t%ary Mortgage (&ection 1?d)-Possession and en7oyment rights are given to the !reditor:mortgagee. %itable Mortgage (&ection 1?f)-Only the property papers are given to the mortgagee or to his agent. 0here is no riting or other formalities re>%ired. 0his kind of mortgage is more !ommon here there is a s%dden need of money felt by someone. A, (nomalo%s Mortgage (&ection 1?g)-( mortgage hi!h is none of the above is an (nomalo%s Mortgage. -Mode of Mortgage (&ection 1@)1, Registered instr%ment 5, 8elivery of possession =, 8eposit of title deed -$ight to redemption (&ection 49)% Redemption means paying off the mortgage-money and getting the mortgaged property ba!k. It is the Right of redemption that lies ith the mortgagor that on payment of the money# he gets his property ba!k. 3e!tion A2 says- 0he mortgagee has the right to redeem &1, all the mortgage instr%ments and all the title deeds &5, delivery of possession by the mortgagee &=, a retransfer of the property &at the mortgagor4s !ost, or an a!knoledgement of the e$tin!tion of the mortgagee4s rights. -!log on redemption (nce a mortgage alays a mortgage)%( mortgage is alays redeemable. ( mortgagor# at any time after he has paid the mortgaged money ba!k to the mortgagor# he has a right to get his property ba!k &%ntil any de!ree of fore!los%re is passed in favo%r of the mortgagee in defa%lt of payment,. Right of redemption is a stat%tory right of the mortgagor and no la or !ontra!t !an take aay this right. 0his is be!a%se if the mortgagor is in need of money# then the position of the mortgagee is dominating and he !an p%t !ertain !ondition hi!h !an ork as a !log on the redemption of the property. 0he la in s%!h !onditions# prote!t the mortgagor and s%!h !onditions are !onsidered as void.
%!onditions hat or< as a clog and are void-
&1, If the !ondition is that in fail%re of payment of the mortgage money ithin a spe!ified time# the mortgagor ill have no right:!laim over the mortgaged property and the mortgage-deed ill be !onsidered as a sale deed. 0his !ondition is a !log and void. %t if the mortgagor himself e$e!%tes a sale deed in favo%r to mortgagee after the spe!ified time is over# then that sale deed is a valid deed. &5, /ong term of mortgages# is not a !log in itself# %nless it is proved that there as a fra%d or %nd%e infl%en!e ith eviden!e of it. If it is proved# then the !ondition ill be void. (nd also# if the length is %nreasonable or oppressive then it ill be a !log. &=, 3tip%lation barring mortgagor4s Right of redemption after !ertain period&?, Restraint on (lienation &@, Redemption restri!ted to mortgagor &A, Penalty in !ase of defa%lt&1, 0angadhar v# &han
&?, �# Dhula v# & L Te*shi-(ny provision in the original mortgage-deed to the effe!t that if the debt is not paid at the proper time# the mortgagee shall be!ome the oner of the property is void# and indeed the !o%rts treat as void any provision hi!h !log the right to redeem i.e. either makes redemption %nd%ly diffi!%lt or provides that the mortgagee shall retain some right affe!ting property after the debt has been redeemed. -$ight of foreclosure of sale (&ection 4A)%
Chapter 1@
'ifts &3e!tion 155, &ection 788-( gift is a transfer of the onership in an e$isting movable or immovable property made vol%ntarily and itho%t !onsideration. la!kstone-'ifts are alays grat%ito%s# grants are %pon some !onsiderations or e>%ivalent. $euisites% 1. 0o partners m%st be there &a, 8onor-m%st be !ompetent-ma7or &a tr%stee and minor !annot make a gift,. &b, 8onee-may be of any age b%t if minor then g%ardian takes on his behalf 5. 'ift !an be made only of the e$isting property# gifts of any f%t%re property is not valid. =. Property !an be movable or immovable# Corporeal or in!orporeal# a!tionable !laims# gift of mortgage ?. 'ift m%st be given vol%ntarily and no fra%d or misrepresentation sho%ld be there @. 'ift sho%ld be itho%t !onsideration otherise it ill not be !onsidered as a gift A. (bsol%te interest:life interest:limited interest +. (!!eptan!e &a, of gift by the done is ne!essary otherise it ill be !onsidered as a void gift. &b, sho%ld be given ithin the lifetime of the donor. &&if the donee dies before giving a!!eptan!e then the gift is void,. &!, !o%ld be oral or ritten# e$press or implied. &d, if the donee or anybody on his behalf# had not a!!epted the gift d%ring the lifetime of the donor# mere registration of the instr%ment:do!%ment ill not validate it. ). 0he gift deed m%st be attested by to persons. In !ase of movable property the instr%ment m%st be registered and in !ase of movable property it may be registered. ( gift of immovable property itho%t registered instr%ment is invalid even if the possession is given to the donee. (lso# the gift of immovable property if made orally is invalid %nless registered. If an instr%ment is registered after the death of the donor and itho%t the !onsent of his legal representative# then also it is valid. 3e!tion 15= does not affe!t the !ompleted ingredients of a !ompleted gift %:s 3e!tion 155 b%t it is 7%st a safety meas%re to ens%re that the gift as a valid gift. (&ection 78/) .oid gifts% &1, D%t%re property &5, 'ift ith !onsideration &=, 9here gifts are made of immovable property itho%t registered do!%ment &?, 9here donee dies before giving a!!eptan!e &@, 'ift !onsisting of both e$isting and f%t%re property is void (&ection 785) &A, If gift is made to to persons and one of them ref%ses to a!!ept# then the gift is void for him only. &+, 'ifts made for %nlaf%l p%rpose &), 'ift by a person in!ompetent to !ontra!t &*, 9here %nder an agreement beteen the parties# the gift is revo!able# holly or in part# at the mere ill of donor (&ection 784) nerous 0ifts%gifts that !omes ith obligations. (&ection 78A) &1, If (# gifts to # a gift !onsisting of shares of 6 and !ompany. 6 !ompany is in profit and in loss. 0he has no other option than to a!!ept the !omplete gift b%t he !annot a!!ept a part of it i.e. he !an4t a!!ept only the shares of 6 !ompany and ref%se to take the shares of .
-!ases (7) Tila Bea v# Manu Bea -0he donor e$e!%ted a gift deed in favo%r of the donee on a !ondition that he o%ld look after and serve her d%ring her lifetime. 0he donee left her and remarried. 3he !an!elled the gift. 0he !o%rt said that it as only a pio%s ish of the donee to look after the donor and only on this !ondition the gift !annot be !an!elled. 0he !o%rt also said that firstly# there as no agreement beteen the both regarding the revo!ation# se!ondly this sho%ld not depend on the ill of the donor.
D!T$I,6 " P'$T P6$"$M',!6 0he 8o!trine of Past Performan!e# based on prin!iple of e>%ity# developed in England and as s%bse>%ently added to the 0ransfer of Property (!t# 1))5 via the (mendment (!t of 1*5*. In la of !ontra!ts &for e.g.# a !ontra!t for sale,# no rights pass to another till the sale is !omplete %t if a person after entering into a !ontra!t performs his part or does any a!t in f%rtheran!e of the !ontra!t# he is entitled to reimb%rsement or performan!e in !ase the other party drags its feet. 3e!tion @=( says that if a person makes a agreement ith another and lets the other person a!t on the behalf of the !ontra!t s%!h a person !reates an e>%ity himself that !an not be resisted on the mere gro%nds of absen!e of formality in the eviden!e or !ontra!t of s%!h a transfer. 0h%s# if the !ontra!t has not been registered or !ompleted in the pres!ribed manner# the transferor !an still not go against the transferee or anyone !laiming %nder him. %iring spe!ifi! performan!e from (. It does not matter that the sale as not registered. (s per la# a transfer of immovable property val%ed over Rs. 122 has to be registered. %t it as believed that stri!t !omplian!e may lead to e$treme hardships espe!ially here one party has already performed his part in the !onfiden!e that the other party ill honor the agreement. If s%!h registration or other formalities have not taken pla!e# the do!trine of part performan!e ill be appli!able. If s%!h a transferee takes possession of the property# he !an not be evi!ted d%e to an %nregistered !ontra!t. 0he se!tion is a defense as ell as a right that helps prote!t the possession against any !hallenge. It tries to prevent fra%d on the mere basis of ineffe!tive eviden!e of the transfer. 0he se!tion does not !onfer a title %pon the transferee in possession b%t it imposes a stat%tory bar on the transferor. Equity looks to the intent rather than to the form 6&&6,TI'L& " T+6 D!T$I,6 " P'$T P6$"$M',!6 a, 0here m%st be a ritten !ontra!t for transfer of an immovable property signed by or on behalf of the transferor. 0he do!trine !an not be applied if there is a void agreement or no agreement. b, 0here m%st be !onsideration !, 0he !ontra!ts sho%ld give o%t the terms of the transfer ith reasonable !ertainty d, 0he transferee m%st have taken possession as a res%lt of this !ontra!t or !ontin%ed in possession if he as already in possession of the property e, 0he transferee m%st have done some a!t in f%rtheran!e of the !ontra!t. (!ts done prior to the agreement or independent of it !an not be deemed to be part performan!e of the !ontra!t and f, 0he transferee sho%ld have performed his part of the deal or be illing to perform it.
