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Possession as Constructive Notice Under Section 3 TPA: The Rule That Actual Possession, Not Constructive, Is Notice
Table of Contents The Central Proposition Explanation II to Section 3: The Statutory Text The Equitable Foundation: Why Possession Gives Notice The Core Requirement: Actual Possession, Not Constructive Possession Is Notice of All Equities, Not Just the Tenancy The Duty to Inquire: What a Purchaser Must Do Situations Where Possession Does Not Impute Notice Illustrations From the Source: Four Worked Examples Possession and the State of the Property as Notice The Connection with
Umang
Jun 1018 min read


Notice Through Agent Under Section 3 TPA: When the Principal Is Bound by What the Agent Knew During Agency
Table of Contents The Question That Drives This Rule What Is Imputed Notice? Distinguishing It from Constructive Notice The Legislative Journey: From Section 229 Contract Act to Explanation III The Statutory Text and Its Core Principle The Five Conditions for Imputation Communication to the Principal Is Not Necessary Ratification and Imputed Notice The Fraud Proviso: When the Principal Is Not Bound The Kennedy v Green Limitation on the Fraud Exception Imputed Notice Through C
Umang
Jun 118 min read


Constructive Notice Under Section 3 TPA: The Five Circumstances That Impute Notice Without Actual Knowledge
Table of Contents Why Notice Matters in Property Law The Statutory Framework: 'A Person Is Said to Have Notice' Circumstance 1 — Actual or Express Notice Circumstance 2 — Wilful Abstention from Inquiry or Search Circumstance 3 — Gross Negligence Circumstance 4 — Registration as Constructive Notice (Explanation I) Circumstance 5 — Actual Possession as Notice of Title (Explanation II) Imputed Notice: Notice Through an Agent (Explanation III) The Doctrine Cannot Be Weaponised by
Umang
May 2520 min read


'Actionable Claim' Under Section 3 TPA: Debt, Beneficial Interest in Movable Property, and the Excluded Categories
Table of Contents What Is an Actionable Claim? The English Analogue: Chose in Action The Two Limbs of the Definition The Three Excluded Categories Actionable Claim vs. Mere Right to Sue: A Critical Distinction How an Actionable Claim Is Transferred: Section 130 Copyright as an Actionable Claim Instruments Excluded from Chapter VIII: Section 137 Incapacity of Court Officers: Section 136 Practical Implications Conclusion Frequently Asked Questions What Is an Actionable Claim? A
Umang
May 2017 min read
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