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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
2 days ago18 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


Immovable Property Under the TPA vs. the Registration Act: The Definitional Gap and Its Consequences
Table of Contents Two Statutes, Two Definitions The Definitional Architecture: A Three-Statute Reading Mapping the Definitional Gap Standing Timber, Growing Crops, and Grass: The Core of the Gap 'Attached to the Earth': The Shared Phrase and Its Interpretation Benefits Arising Out of Land: Where the Definitions Converge Practical Consequences of the Definitional Gap Conclusion Frequently Asked Questions Two Statutes, Two Definitions Consider a dispute over a registered agreem
Umang
May 1715 min read


Section 5 TPA: 'Transfer of Property' Defined — The Seven Modes and What Remains Outside Its Scope
Table of Contents The Foundation Provision Unpacking the Statutory Language of Section 5 An Act by a Living Person The Word 'Conveys' and Its Significance 'In Present or in Future': What the Phrase Qualifies Who Is a 'Living Person'? The Seven Recognised Modes of Transfer Under the TPA 1. Sale (Sections 54–57) 2. Mortgage (Sections 58–104) 3. Charge (Section 100) 4. Lease (Sections 105–117) 5. Exchange (Sections 118–121) 6. Gift (Sections 122–129) 7. Transfer of Actionable Cl
Umang
May 1014 min read


Transfer of Future Property Under Section 6 TPA: The Agreement to Transfer and When Title Passes
Table of Contents The Problem of Transferring What You Do Not Yet Own The Statutory Framework: Property 'of Any Kind' but Not Future Property What Is 'Future Property'? The Legal Effect of a Purported Transfer of Future Property Section 43 TPA: Feeding the Estoppel on After-Acquired Property The Specific Cases: What Counts and What Does Not When Title Passes: The Moment of Vesting Future Crops: A Partial Exception Future Property in Mortgage Transactions Practical Implication
Umang
Apr 2617 min read
Transfer of Property Act
Chapter 1: Property: Movable and Immovable Immovable Property Movable Property Distinction between Movable and Immovable Chapter 2:...

De Facto
May 31, 20241 min read


TRANSFER OF PROPERTY ACT (landmark Judgement)
Content:- Preliminary Transfer of property by Act of properties PRELIMINARY Shanti Bai v. State of Bombay, AIR 1958 SC 532 If the...

Content Desk
May 3, 20245 min read
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