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BRIEF NOTES ON SECTION 10,11&12 OF TRANSFER OF PROPERTY ACT,1882

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BRIEF NOTES ON SECTION 10,11&12 OF TRANSFER OF PROPERTY ACT,1882 RESTRAINS ON ALIENATION OF PROPERTY (SECTION 10) For Conditional transfers, there are generally two types, namely Conditions Precedent and Conditions Subsequent. The first one is where the condition has to be complied with or fulfilled before a transfer could be affected and subsequent condition is where condition is fulfilled after the transfer is complete. Section 10 of the Act talks about Condition Subsequent. In a transfer where fulfillment of condition is after the transfer (i.e. Condition Subsequent), the transfer would remain completely valid till a time there is no condition that prevents the transferee from disposing of or parting with his interest in the property. It is important to note that even if such a transfer was legitimized with mutual consent of both the parties, the fulfillment is not binding on the transferee.   The underlying principles behind this rule are that of justice, equity and good co...
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Improvements made by bona fide title holders under defective titles Section 51 - TPA

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Improvements made by bona fide title holders under defective titles Section 51 - TPA The transfer of Property Act, 1882 collaborate all the possible transactions between a transferor and a transferee. Similarly, section 51 of the Property act lays down “when the transferee of immovable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he is subsequently evicted therefrom by any person having a better title, the transferee has a right to require the person causing the eviction either to have the value of the improvement estimated and paid or secured to the transferee, or to sell his interest in the property to the transferee at the then market value thereof, irrespective of the value of such improvement. The amount to be paid or secured in respect of such improvement shall be the estimated value thereof at the time of the eviction. When, under the circumstances aforesaid, the transferee has planted or sown on the ...
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RULE AGAINST PERPETUITY (SECTION 14)- TPA 1882

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RULE AGAINST PERPETUITY (SECTION 14 No transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of such transfer, and the minority of some person shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong. Transfer in Perpetuity Rule against perpetuity is the rule which is against a transfer making them inalienable for an indefinite period or forever. Where a property is transferred in such a way that it becomes non-transferable in future for an indefinite period, the property is tied up forever. This disposition would be a transfer in perpetuity. In any disposition perpetuity may arise in 2 ways   1.    by taking away from the transferee his power of alienation. 2.  by creating future remote interest. Section 10, makes provision that a condition restraining the transferee’s power of alienation is void. A dispo...
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