Vivek Kumar Sai Transferof Property.sem IV.

A Project on

VESTED  IINTEREST & & CONTINGENT IINTEREST: AN ILLUSTRATIVE S STUDY Submitted to Mr. Shyamtanu pal (Faculty of Transfer of Property)

Submitted by vivek kumar sai oll !o. "#$ Semester%&' .A. .. (*ons.)

*&+A,AT-A* !AT&!A A/ -!&'0S&T,1 A&P- (2.3.)

Table of 2ontents

Ackno4led5ements................................................................................................................6 &ntroduction............................................................................................................................# bjective................................................................................................................................7 esearch methodolo5y...........................................................................................................7 'ested interest 8 2ontin5ent interest under TPA...............................................$ Analysis of 'ested and 2ontin5ent interest........................................................9 +ifference bet4een vested and contin5ent interest............................................"$ 2onclusion............................................................................................................"9 eference.............................................................................................................................":

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Ackno4led5ements &n preparin5 this project & took help from many people but it is very difficult to list every name. First and foremost & 4ould like to e;press my heartfelt 5ratitude to Mr. Shyamtanu pal for puttin5 his trust on me1 by 5ivin5 me such a topic and for him unstinted support by helpin5 me in all possible 4ays. & hope that & have not disappointed him and have done justice to it. & also 4ant to e;press my 5ratitude to the staff and administration of *!- and to the library and &T ab that 4as a source of 5reat help for the completion of this project. & 4ould also like to thank all my seniors 4ho al4ays 5uided me 4ithout their help1 it 4ould have been impossible for me to complete this project. 'ivek kumar sai oll no."#$

IntroductionPage | 3

y its very e;istence1 society mandates interaction1 e;chan5e or transfer. A property1 movable or immovable1 is transferred from one person to another under various different situations and circumstances and for different values. The transfer may be a 5ift1 an inheritance or an asset ac comes into play. /hen an immovable property is transferred from livin5  person to livin5 person(s)1 the Transfer of Property Act1 "::? comes into play. &n &ndia1 the personal la4s 5overned the transfer of property assisted by orders of 2ourts under 2ivil Procedure 2ode before the Transfer of Property Act1 "::? came into e;istence. Transfer of movable 5oods 4as re5ulated to an e;tent by the &ndian 2ontract Act1 ":9?. &nterestin5ly1 no4here does the Act define @/hat is a transfer of property. ut it does define @transfer as a standalone in Section 7. The 4ord @transfer in the Act has been to mean either  transfer of all ri5hts and interests in the property or transfer of one or more of subordinate ri5hts in the property. The 4ord @property is used in any of the follo4in5 senses% tan5ible material thin5s1 e.5.1 land and housesB ri5hts 4hich are e;ercised over material thin5s1 e.5.1 ri5ht to enjoy and possess1 ri5ht to sell or to make a 5ift of thin5sB ri5hts 4hich are not e;ercised over any material1 e.5.1 a ri5ht to repayment of a debt. The e;pression @transfer of   property may imply any one of the follo4in5 thin5sC transfer of thin5s1 e.5.1 sale of a houseB transfer of one or more of the ri5hts in a thin5 e.5.1 mort5a5e of a houseB transfer of debt. Section "= and Section ?" of the Transfer of Property Act1 "::? elucidate the e;pressions @vested interest and @contin5ent interest in the conte;t of transfer of property. A readin5 of  the plain lan5ua5e of the sections makes it clear that an interest can be said to be a vested interest 4here there is immediate ri5ht of present enjoyment or a present ri5ht for future enjoyment. An interest can be said to be contin5ent if the ri5ht of enjoyment is made dependent upon some event 4hich may or may not happen. n the happenin5 of the event1 a contin5ent interest becomes a vested interest.

Objective Page | 4

• • •

To study the Section "= and ?" under Transfer of Property Act. To analysis Section "= and ?" of TPA 4ith the help of case la4s and illustrations  To study the difference bet4een vested interest and contin5ent interest.

Ree!rc" #et"odo$o% This research is descriptive and analytical in nature. Secondary sources have been used to 5ather information and data about topic. ther references as 5uided by Faculty have been  primarily helpful in 5ivin5 this project a firm structure. *elp has also been taken from 4eb sites1 reference books etc.

Veted interet !nd Contin%ent interet under Tr!n'er o' (ro)ert Act* +,, SECTION +.- Veted interet: -

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/here1 on a transfer of property1 an interest therein is created in favour of a person 4ithout specifyin5 the time 4hen it is to take effect1 or in terms specifyin5 that it is to take effect forth4ith or on the happenin5 of an event 4hich must happen1 such interest is vested1 unless a contrary intention appears from the terms of the transfer. A vested interest is not defeated by the death of the transferee before he obtains possession. 0;planationC An intention that an interest shall not be vested is not to be inferred merely from a provision 4hereby the enjoyment thereof is postponed1 or 4hereby a prior interest in the same property is 5iven or reserved to some other person1 or 4hereby income arisin5 from the  property is directed to be accumulated until the time of enjoyment arrives1 or from a  provision that if a particular event shall happen the interest shall pass to another person. SECTION +- Contin%ent interet

/here1 on a transfer of property1 an interest therein is created in favour of a person to take effect only on the happenin5 of a specified uncertain event1 or if a specified uncertain event shall not happen1 such person thereby ac
An!$i o' Section +. !nd + under Tr!n'er o' (ro)ert Act* +,, SECTION +.-

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A transfer of property involves transfer of interests. From the point of vie4 of the
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is no certainty as to 4hen a person dies or 4hether or not a person survives up to a particular  a5e or year but1 his death1 as such1 is certain. Similarly1 any future date or future year is also an event of @must nature because they are bound to occur. Thus1 in "==61 if a person makes 5ift for his property to take effect in "==71 the done 5ets a vested interest because after "==6 the year "==7 is bound to come. 'ested interest is nonetheless a vested interest even 4here the transfer deed contains a  provision 4herebyC a. The enjoyment thereof is postponed1 or   b. A prior interest in the same property is 5iven to some other person1 or  c. The income arisin5 from the property is directed to be accumulated until the time of  enjoyment arrives1 or d. n the happenin5 of a particular event1 the interest passes to another person.

I$$utr!tion:a. A makes a 5ift of his house to . *e simply e;ecutes the 5ift deed but does not specify any date on 4hich the o4nership is to be transferred. The interest of  is a vested interest.  b. A makes a 5ift to  of s. ">> to be paid to him on the death of 2.  5ets a vested interest in the sum transferred1 and if he dies before 21 his representatives are entitled to the sum of  money so transferred. The interest of  takes effect on the happenin5 of an event that is certain and so it is vested). The event1 namely 2s death is certain and therefore s interest is vested. c. A transfers the 4hole of his property to  upon trust to pay certain debts out of the income1 and then to make over the property to 2. 2 has a vested interest in the property. The payment of debts postpones enjoyment1 but the interest vests immediately. d. A property is transferred to A1  and 2 in e
E/)$!n!tion% 0;planation to Section "= makes it clear that vested interest is not affected by the fact that ri5ht of enjoyment has been postponed. The vested interest remains unaffected also 4hen the title is to pass on to another person on the happenin5 of a particular event in future. The e;planation provides that in the follo4in5 situations1 althou5h it may appear that the transferee has no vested interest1 nevertheless the interest is vestedC 1. (ot)one0ent o' enjo0ent % Postponement of the enjoyment of property does not mean that the interest of the transferee is not vested. &n a transfer of property1 the primary thin5 is the transfer of interest of title. Possession of the property is secondary. Therefore1 from the fact that ri5ht of enjoyment has been postponed1 it cannot be inferred that vested interest has

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not been 5iven. Possession or enjoyment of property1 bein5 secondary1 it may be postponed for some time. /here A transfers his properties to  to be 5iven to  on s attainin5 the a5e of majority1 the interest of  is vested althou5h he is to 5et the possession and enjoyment of   property only on attainin5 the a5e of majority. As soon as he attains the a5e of majority1 he is to 5et possession and enjoyment. *o4ever1 if  dies before attainin5 the a5e of majority1 the  possession and enjoyment of the property shall 5o to s representatives or le5al heirs to5ether 4ith title 4hich  already had and died havin5 it. The postponement of enjoyment of   property1 therefore1 does not prevent the vestin5 of interest in favour of the transferee. n the contrary1 in the case of  Sewdayal v. Official Trustee, a condition 4hich postpones the enjoyment (beyond the a5e of majority) is itself void after the transferee has attained majority." The enjoyment of the property may be postponed till any future date or a future event 4hich is of @must nature and is bound to happen. &n  Lachman v. Baldeo2 , A made a 5ift of his property to  and directed that  4as to take possession of a portion of the  property only after the death of A and As 4ife. &t 4as held that the interest of  4as a vested interest. 2. (rior interet- /here a prior interest is created in the same transfer1 there is postponement of  the property. The vestin5 of interest is not postponed. /here A transfers property to  for life and then to 2 the interest of 2 is a vested interest. *ere1 2 has a vested interest immediately 4hen the transfer 4as made but his ri5ht of enjoyment is postponed till the life of . s death is a future event of @must nature. Accordin5ly1 althou5h a prior life interest intervenes yet1 2 5ets immediate vested interest. 3. Direction 'or !ccu0u$!tion o' inco0e- +irection for accumulation of income is valid

 provided it is 4ithin the period prescribed in Section "9 of the Act. /here a property is transferred 4ith such direction1 the interest of the transferee is nevertheless vested. &n such cases too it is only the ri5ht of enjoyment 4hich is postponedB vestin5 is not postponed. *o4ever1 4hen in a transfer of property1 if the direction is that ri5ht of enjoyment is to terminate only on the death of the transferor1 the transfer does not create a vested interest. &n  Kokilamal v. !. "aman Kokilamal,3 there is a deed of family settlement in 4hich the

settlor created a limited interest (ri5ht to receive the income from rents). The property of the

1 A& "=6" 2al $7" 2 ("="=) ?" .2.6"?C #: &.2. 6=$ 3 A& ?>>7 S2 ?#$: Page | 9

settler 4as to vest in the settlee (brothers of the settlor) only on the death of the settler. The Supreme 2ourt held that the family settlement did not create a vested interest in favour of the settlee and settlee could not be absolute o4ner durin5 the life of the settler. Therefore1 the settlee could not succeed the property on the settlors death. #. $onditional limitation- A condition that upon the happenin5 of a particular event the interest vested in a person shall pass on to another person is called a @conditional limitation under  0n5lish la4. &n &ndia1 this provision is contained in Section ?: of the Transfer of Property Act. &n a transfer of property1 a conditional limitation does not prevent the vestin5 of the interest. ather1 it is implied that the interest 4hich had already been vested may be divested and may vest some4here else. For e;ample1 A transfers his house to  4ith a condition that if   does not take possession of this house 4ithin si; months from the date of the transfer1 the house shall belon5 to 2. The interest of  is a vested interest althou5h it is likely to be divested in case  does not fulfil the condition 4ithin si; months. N!ture o' Veted Interet a. %resent &i'ed "i(ht C % 'ested interest is a present fi;ed ri5ht to property. &n a transfer of 

 property 4here a vested interest is created in favour of the transferee1 the transferee 5ets a  present fi;ed ri5ht to property. n the other hand1 4here the inter est created is contin5ent the transferee 5ets merely a future possible ri5ht in property. 2ontin5ent interest may or may not  become vested in future dependin5 upon the happenin5 or not happenin5 of future event. ut 4here the interest is vested1 it accrues to the transferee immediately. &n a vested interest the title of the transferee is complete as soon as the transfer is completed. An interest may be @vested in possession or vested not in possession. /here the interest is @vested not in  possession1 there is a present indefeasible ri5ht to future possession in 4hich case the transferee 5ets the possession or enjoyment not immediately but in future. Thus1 a vested interest confers a present ri5ht to property even thou5h the ri5ht of enjoyment is postponed or  suspended. . Transferale and heritale interest C % 'ested interest is transferable and heritable. ein5 a  present fi;ed ri5ht and also since the title of the transferee is complete1 a vested interest is divisible and transferable interest.#  A vested interest is such a present fi;ed ri5ht of the transferee that it is re5arded as his property. &t is transferable interest 4ithin the meanin5 of 

4 0lokassee +asee v. +arponarain1 72al. 7= Page | 10

Section $ of the Act even thou5h the transferee has no possession or ri5ht of enjoyment. Further1 a vested interest can also be attached and brou5ht to sale in e;ecution of a decree.

7

Tet o' "erit!bi$it o' t"e interet 1"et"er t"e interet i contin%ent or veted&n a transfer of property1 the interest of transferee is heritable1 the interest is undoubtedly vested. ut1 4here it is found that interest is not heritable1 the interest is a contin5ent interest. R!je Ro v2 S"!nti Devi 3

Fact of case%&n this case1 amani Danta oy e;ecuted a trust% deed. The deed provided that the trust e;isted for the payment of debts incurred by settlor amani Danta oy. After  termination of the trust1 the property 4as to belon5 absolutely to settlors t4o sons. The trust 4as to terminate E  ". -pon the death of the settler and ?. Full payment of all the debts. The deed provided that if either of the sons died before the payment of all debts1 the heirs of  the sons 4ere entitled to 5et the shares of the sons. The settler died before total dischar5e of  debts. uestion raised before the 2ourt 4asC 4hether the interest of the t4o sons 4as vested interestG The Supreme 2ourt held that under the trust deed the interest conferred upon the t4o sons 4as a vested interest. The Supreme 2ourt observed that the scheme of the trust% deed 4as that the enjoyment 4as to be restricted until the debts are dischar5ed. /hat 4as postponed 4as not the vestin5 of property but the income thereof burdened 4ith certain monthly payments and 4ith the obli5ation to dischar5e debts there from. The 2ourt further observed that since it 4as provided in the deed that if either of the t4o sons died before full payment of debts1 his heirs 4ere entitled to 5et their shares the interest of the sons 4as a heritable interest. And1 since the interest conferred upon the t4o sons 4as made heritable1 their interest 4as vested. Ti0e o' vetin% interet- n a transfer of property1 ordinarily the interest created in favour  of the transferee vests immediately. Section "= provides that the interest created is vested 4hen no time of its vestin5 is specified or it is to vest immediately or 4here thou5h enjoyment is postponed but it is intended to vest 4ith immediate effect. *o4ever1 the transferor may specify particular time of vestin5 of the interest.

5 al ahadur Sin5h v. ajendra !arain Sin5h1 ("=6#) udh #7# 6 A.&.. "=79 S.2. ?77 Page | 11

/here the transferor 

specifies any particular time of vestin5 this 4ould constitute his contrary intention as contemplated under Section "= by the 4ords @unless a contrary intention appears. The intention of the transferor is to be 5athered from the 4ords used by him in the deed. &n construin5 4hether certain 4ords mean to convey vested interest or contin5ent interest1 the 4ords used must be interpreted in their plain ordinary meanin5. Accordin5 to the Supreme 2ourt1 @the
attainin5 a5e of ":years and if  and 2 die under the a5e of ":years1 the property shall 5o to +.  and 2 have vested interest even thou5h their interests are likely to be divested upon the happenin5 of an uncertain future event.  b. &n trust deed1 the settler directed that after the death of the tenant for life and after makin5  provision out of the trust fund for the payment of a monthly allo4ance to the 4ido4 for life1 the trustee 4as to hold the rest of the trust% property for the use and benefit of his sons @to be made over to them on their attainin5 the a5e of ?" years. &t 4as held that the lan5ua5e of the trust% deed su55ested that vested interest 4as conferred to the sons.: c. A husband made settlement on his 4ife for her life and thereafter the sons born to them 4ere to take the property absolutely. The sons ac
Section + o' Tr!n'er o' (ro)ert Act Contin%ent Interet % 2ontin5ency means uncertain future event. &n a transfer of property

4ith the vestin5 of interest depends on any contin5ency i.e. uncertain future event1 the interest is contin5ent. &n a transfer of property 4here the vestin5 of estate is dependent upon

7 ajes Danta oy v. Shanti +evi1 A& "=79 S.2. ?77 8 Se4dayal v. fficial Trustee of en5al1 A& "=6" 2al $7" 9 Adimoloa v. Pavadai Padayachi1 ("=7:) ? Mad. .H.79. Page | 12

an event that may or may not happen the interest is contin5ent. "> A contin5ent interest is an interest 4hich is created to take effect only 4hen% a) Some specified uncertain future event happens or   b) Specified uncertain event does not happen. /here the creation of interest is made dependent on the happenin5 or not happenin5 of any uncertain future event1 it does not vest in the transferee immediately. &t vests only upon the happenin5 or not happenin51 as the case may be1 of that event. For e;ample1 4here A makes a 5ift to  provided I survives (i.e. lives up to) the a5e of ?> years1 the interest of  is contin5ent. Similarly1 4here A makes a 5ift to  provided I does not survive (i.e. dies  before) the a5e of ?> years1 here too the interest of  is contin5ent. &n both the e;amples1 the vestin5 of interest in favour of  depends on an event 4hich is uncertain. &n the first1 the vestin5 4ould take effect on the happenin5 (i.e. survival) of that event 4hereas in the second1 it depends on @not happenin5 of that event. The happenin5 or not happenin5 of a happenin5 of an uncertain future event is the condition precedent for vestin5. -ntil the condition  precedent is fulfilled1 the transfer does not take place and the interest of the transferee remains a contin5ent interest. &n contin5ent interest becomes vested only upon the fulfilment of the condition precedent i.e. upon the happenin5 of the contin5ency. 2ontin5ency or specified uncertain event may be of t4o kinds. ". /here the happenin5 or not happenin5 of the event depends upon the 4ill and desire of the  parties e.5. marria5e1 payment of a sum of money or e;ecution of a deed etc. For e;ample1 A makes a 5ift to  provided 2 marries 4ithin one year of the transfer. The interest of  until 2 marries is a contin5ent interest. ?. /here specified event does not depend on the 4ill or desire of the parties e.5. death of a  person on or before a certain a5e. Thus1 4here A makes a transfer of his property to   provided 2 dies at the a5e of #> years1 the interest of  is contin5ent.  +eath of a person is a certain event therefore 4here property is transferred 4ith a condition  precedent of the death of any personB the interest of the transferee is vested. ut 4hen and at 4hat a5e does a person die1 is an uncertain future event. Therefore1 4here a transfer is made 4ith 4ordsC 4hen1 provided or1 if a person dies at a 5iven a5e1 or in a specified year or1 dies  before or after the death of another person1 the interest of the transferee is contin5ent. E/ce)tion% 0;ception to Scetion?" provides that 4here a transferee is to 5et the interest at a  particular a5e but is entitled to 5et absolutely the income of that interest before attainin5 that a5e1 the interest 5iven to him is a vested interest. /here an interest is created in favour of a  person on attainin5 a particular a5e1 his interest is contin5ent. ut1 if the transferor 5ives to the transferee also an absolute ri5ht in the income arisin5 out of that interest (property) or 

10 2hinna eddy v. Pujari Deshanna1 A.&.. "=7# *yd. ":7. Page | 13

directs that so much of such income as is necessary for his benefit be applied 4ith immediate effect1 the interest of the transferee is a vested interest. N!ture o' Contin%ent interet a. Future possible interest% 2ontin5ent interest is a future possible interest. &n a transfer of   property 4here the transferees interest is contin5ent1 he has only a future possible ri5ht in respect of property transferred to him. &t is neither a present ri5ht nor a certain ri5ht. Since the happenin5 or not happenin5 of the event1 is uncertain1 the interest dependent on it is also uncertain. &n a contin5ent interest1 the ri5ht of enjoyment is also dependent on some event or  condition 4hich may or may not happen or be performed. "" .  !ot heritable% A contin5ent interest is not a heritable interest. /here a person havin5 contin5ent interest dies (i.e. dies before vestin5) his le5al heirs do not 5et anythin51 not even the contin5ent interest. After the death of person his le5al heirs are entitled to inherit only those properties in 4hich he had a vested interest at the time of his death. &n  "a)es Kanta  "oy v. Smt. Shanti *evi 121 the Sumpreme 2ourt observed thusC J&n the case a contin5ent interest1 one of the features is that if a person dies before the

contin5ency disappears and before the vestin5 occurs1 the heirs of such person do not 5et  benefit of the 5ift (transfer).K c. Transferable interest% 2ontin5ent interest is a transferable interest. *o4ever1 since a contin5ent interest is itself an uncertain interest in the property and transferors o4n title is not perfect1 the transferee too 5ets an imperfect title. &f the contin5ent interest subse
fact the father had only life interest in it and the son has an inchoate contin5ent interest 4hich had not become vested1 i.e. an undivided share in the family property 4hich 4as to vest on his fathers death. The sale 4as held to be in efficacious till partitionin5 of the property. I$$utr!tion o' Contin%ent Interet ". A makes a 5ift of his property to  4hen he attains the a5e of ":years or1 marries under  that a5e 4ith the consent of 2 4ith a condition that if  neither attains that a5e nor 

11 Shashi Dantha v. Promode 2handra1 ("=6?) 2al.$>> 12 A.&.. "=79 S.2. ?77. 13 A& ?>>9 S2 ??$ Page | 14

marries 4ith the consent of 2 the property shall 5o to +.  and + both take a contin5ent interest in the property. ?. A transfers his farm of Sultanpur Dhurd to  if  shall convey his o4n farm of Sultanpur  uLur5 to 2. &nterest of  in the farm Sultanpur Dhurd is contin5ent. &t may become vested if  conveys his farm Sultanpur uLur5 to 2. 6. A be>% 4hen  shall attain the a5e of ": years and directs that a certain sum1 out of another fund shall be applied for s benefit until he reaches that a5e1 the le5acy in favour of  4ould be vested under the e;ception to Section ?".

Di''erence bet1een Veted Interet !nd Contin%ent Interet ".

#e!nin%C An estate is said to be vested in o4nership 4hen it 5ives a present ri5ht to

the immediate possession and o4nership of the property. /hile an estate 4hich 5ives a  present ri5ht to the further possession of property is said to be 4veted interet5 . /hereas contin5ent interest is that 4hich a4aits or depends on the happenin5 or non%happenin5 of  certain or uncertain event. ?.

N!ture o' tit$e- &n ! veted interet 1 the transferees is complete and already perfect.

&n a contin%ent interet 1 the title is not yet perfect. ut it may become perfect. &f happen

Page | 15

certain condition anne;ed to the deed. The transferee o4ns the ri5ht absolutely1 4hereas in contin%ent interet  the transferee o4ns it merely conditionally.

6.

6erit!bi$it%The veted interet is heritable. ut the contin%ent interet   is not

heritable. #.

A veted interet  is not defeated by the death of the transferee before he obtains  possession. The property passes to his heirs. ut a contin%ent interet  is defeated by the death of the transferee before he obtains possession.

7.

/hen an interest is vested1 the transfer is complete and the transferee ac
$.

I$$utr!tion o' Veted interet C I promised A1  and 2 to 5ive s. "1 >>1>>>% each

of them if their marria5es occur before his death.  married before the death of I. on such marria5e1 the 5ift become a vested one in case of . I$$utr!tion o' Contin%ent InteretC &f A and 2 did not marry before Is death1 and not the

contin5ency contemplated did not1 therefore1 happen. *ence A and 2 could not take s. "1 >>1>>>%. 9.

7u$'i$0ent o' condition in Veted interet C &t does not depend upon the fulfilment of 

any condition. &t creates an immediate ri5ht throu5h the enjoyment may be postponed to a future date. 7u$'i$0ent o' condition in Contin%ent interet C &t is solely depended upon the fulfilment of 

the condition so that if the condition is not fulfilled1 the property 4ould not be passed. :.

The o4nership is absolute. /hereas in contin5ent1 the o4nership is merely conditional.

=.

The investiture fact from 4hich a person derives the ri5ht is complete. The investiture fact from 4hich a person derives the ri5ht is incomplete.

Conc$uionSection "= and Section ?" of the Transfer of Property Act1 "::? elucidate the e;pressions @vested interest and @contin5ent interest in the conte;t of transfer of property. A readin5 of  the plain lan5ua5e of the sections makes it clear that an interest created on a transfer of   property in favour of a person is said to be vested 4here%no time is a specified for it to take

Page | 16

effect1 or it is e;pressed to take effect forth4ith1 or it is to take effect on the happenin5 of an event 4hich must happen. An interest on a transfer of property in favour of a person is said to be contin5ent 4hen it is e;pressed to take effectC on the happenin5 of a specified uncertain eventB or if a specified uncertain event shall not happen. Such interest becomes a vested interest1 in the former case1 on the happenin5 of the event1 in the latter1 4hen happenin5 of the event becomes impossible.

RE7ERENCES

+M0ST&2 STAT-T0S •

TA!SF0 F PP0T, A2T "::?

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2AS0S  Sewdayal v. Official Trustee, A& "=6" 2al $7"   Lachman v. Baldeo 1("="=) ?" .2.6"?C #: &.2. 6=$   Kokilambal v. N. Raman Kokilambal 1 A& ?>>7 S2 ?#$:   Elokassee asee v. ar!onarain1 72al. 7=   Lal Bahadur Sin"h v. Ra#endra Narain Sin"h1 ("=6#) udh #7#    Ra#es Roy v. Shanti e$i, A& "=79 S2 ?77    %dimoloa v. &a$adai &adayachi1 ("=7:) ? Mad. .H.79.   'hinna Reddy v. &u#ari Keshanna1 A.&.. "=7# *yd. ":7   Shashi Kantha v. &romode 'handra1 ("=6?) 2al.$>>    Bay Berry %!artments &. Ltd v. Shobha, A& ?>>9 S2 ??$ DS +r. Shri *ari Sin5h 3our1 commentary on Transfer of property Act (&' of "::?)1 "" th • ed.1 vol."1 ?>>:1 +elhi a4 *ouse. 3.P. Tripathi1 Transfer of property Act1 "::?1 "9 th ed. ?>""1 2entral a4 Publication1 • Allahabad. +r. Sa;ena. Ponnam Pradan. &ro!erty Law. e;is !e;is utter4orths /adh4a •  !a5pur. "st 0dition. Third eprint. ?>">. !e4 +elhi +F Mulla. The Transfer of &ro!erty %ct, ())*. e;is !e;is utter4orths /adh4a •  !a5pur. (ed. +r. 32 haruka). ">th 0dition ?>>$. *aryana 2hitaley 8 Manohar. 'ommentary on The Transfer of &ro!erty %ct +ol.(-. All &ndia • eporter Pvt. td. 9 th 0dition. ?>">. !a5pur Sarathi. 'epa P. Law of Transfer Of &ro!erty. 0astern ook 2ompany. eprinted • ?>">. uckno4. +r. .D.Sinha. The Transfer of &ro!erty %ct 1 "6th ed. 2entral a4 A5ency. Allahabad. •

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