Transfer of property Act

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

Property Law

Umang

2 days ago15 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

Property Law

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

Property Law

Umang

Apr 2617 min read