TRansfer of property.pdf - 1 Transfer of property: Section...

1) Transfer of property:
Section 5 defines Transfer of property; A person transfers his immovable property
to one person to another living person is called transfer of property.
2) What property will be transfer and cannot be transfer?
Section 6 states that all the immovable properties are able to transfer. Except the
immoveable properties mentioned in the Section 6(a) to 6(h).
3) Vested interest:
Section 19 says about the vested interest, it happens when a certain event is
fulfilled. If the vested person is died before that event to happen then his legal
heir can enjoy that property to be transferred for that event.
4) Contingent interest:
Section 21 says about the contingent interest, it happens when an uncertain
event is fulfilled. It is in hereditary, if the contingent interested transferee is dead,
it leads to failure of the contingent interest.
5) Conditional interest:
Section 25 says about the conditional interest, when a transfer of a property
happens only when the transferee has fulfilled a condition imposed by the
transferor is called conditional interest. If the condition is against the law or
impossible then the interest is considered a void.
6) Doctrine of Ostensible owner:
Section 41 says, ostensible owner means a person who is not the real owner of
the property he represents the real owner in transfers made to the third party .
Such a representation is based on the consent of the real owner.
7) Doctrine of Lis Pendens:
Section 52 says, during the pendency of a suit regarding the title of the property,
the property is not allowed to transfer.

8) Doctrine of Part performance:
Section 53A says that when a contract for transfer of an immovable property is
made between two persons, when a person is willing to perform his part of the
contract but another is not, therefor, he can climb him to do his part of the
contract Infront of court.
9) Fraudulent Transfer:
Section 53 says, every transfer of immovable property with intention to defeat or
delay to creditor of the transferor and with intention to defraud the transferee is
voidable with the interest of creditor and transferee. Such transfer is called
fraudulent transfer.
10) Condition restraining alienation:
Section 10 says that in an alienated property the absolute interest of the
transferee is restrained by the condition made on the alienation is considered to
be void.