Property Law

May 10, 2018 | Author: Krishan Tewary | Category: Mortgage Law, Contract Law, Loans, Crime & Justice, Justice
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Chapter 1 Moveable and Immovable Property -Property has been defined in R.C. Cooper v. UOI-Property denotes-Every kind of interest or right hi!h has an e!onomi! !ontent. "Movable property" property " shall mean property of every des!ription# e$!ept immovable property. "Immovable property" property " shall in!l%de land# benefits to arise o%t of land# and things atta!hed to the earth# or permanently fastened to anything atta!hed to the ear th. &'eneral Cla%se (!t# 1)*+, MO(/E PROPER0


It !an be transferred from one pla!e to It !ann !annot ot be tran transf sfer erre red d itho itho%t %t !a%s !a%sin ing g e$te e$tens nsiv ive e dama damage ge to the the another. property. 0he damage relates to the nat%re of the Registration is optional as per the Indian property Registration (!t# 1*2). 0he 3ales and Central 3ales ta$es are Registration is !omp%lsory %nder the Indian Registration (!t# 1*2) if the applied# val%e of the property is more than Rs. 122. 0he property needs to be registered at the 3%b-Registrar4s offi!e. 0he appropriate stamp d%ty and the registration fee have to be paid. -Types of propertiesproperties &1, MoveableMoveable&5, ImmovableImmovable&a, Land-anything Land-anything or beneth or on s%rfa!e in its nat%ral state &b, Benefits arising out of land (Profits ( Profits a prendre)-0he prendre)-0he essentials are&i, 0he person !laiming m%st have an interest in the land &ii, It m%st be in respe!t of prod%!e or profit of the soil Eg.-6 sells a forest to # the trees# rivers# minerals et! all forming part of the land or the benefits to arise o%t of land# ill go ith it. &!, Things attached to earth &i, 0hings rooted in the earth-trees# shr%bs &e$!ept standing timber# groing !rops and grass, &ii, 0hings imbedded in the earth-ho%ses# b%ildings &iii, 0hings atta!hed to hat is so embedded for permanent benefi!ial en7oyment of that hi!h is embedded &8o!trine of fi$t%res,-8oors# indos are atta!hed to the ho%se for permanent en7oyment of ho%se. &iv, Chattel atta!hed to earth or b%ilding- the degree# manner# e$tent and strength of atta!hment of !hattel is taken into !onsideration. -Doctrine of fixtures-3omething fixtures -3omething anne$ed to the freehold. 9hen 9 hen a movable be!omes immovable &a, uid uid plantatur solo solo credit-hatever credit -hatever is planted in the earth# ear th# be!omes the part of earth. It applies only hen there is no !ontra!t to the !ontrary &b, uid uid inaedificature solo solo credit-hatever credit -hatever is b%ilt into or embedded into or atta!hed to soil be!omes part of the earth. %t it doesn4t apply to trade fi$t%res. -!ase on Doctrine of "ixtures"ixtures &1, Bamdev Panigrahi v# Manorama $ai%

-Movable propertyproperty -Property of every des!ription e$!ept immovable property &Right of orship# royalty# any ma!hinery  hi!h is not atta!hed to earth and !an be shifted from one pla!e pla!e to another# ( right to re!over maintenan!e# 8e!ree for arrears# standing timber# groing !rops and grass. -&tanding timber-( timber-( tree that has attained its f%ll age# height and dras minim%m s%stenan!e from earth:soil and if it !rosses this age# its shape and !ondition starts de!reasing and deteriorating. It is ready for being !%t and !o%ld be %sed for making vario%s items vi;. f%rnit%re et!. 9hether a tree is timber or not depends on the !ategory of the tree and the !ommon p%rpose of s%!h !ategory. (ll the stat%tory definitions have e$!l%ded standing timber# groing !rops and grass from the p%rvie of an immovable property. %ires some a%thenti!ity of the do!%ment and that it as e$e!%ted by a person4s free ill and %nderstanding and itho%t any for!e# fra%d or !oer!ion. -$euisites &1, there m%st be atleast to itness &5, it is not ne!essary that all the itnesses m%st sign at the same time &=, it is ne!essary that the itness m%st sign in the presen!e of the e$e!%tants &?, it is ordinarily ne!essary that the itness m%se see &a, the e$e!%tants sign:th%mb impression to the instr%ment4 &b, or some other person sign the instr%ment in the presen!e and at the dire!tion of e$e!%tant &!, or the itness sho%ld re!eive an a!knoledgement of e$e!%tant4s signat%re:0.I. or of the person signing on the behalf of the e$e!%tants [email protected], 0he itness m%st sign after the e$e!%tion of the instr%ment &A, 0he itness !an sign anyhere in the instr%ment and no pla!e is fi$ed as to here he sho%ld sign. &+, (nybody !an sign ho is !apable of entering a !ontra!t &), Animo Attestandi -0he itness m%st sign ith the intention of attesting the fa!ts and not 7%st mere signing it. %ainted ith the voi!es of both the ladies and on these gro%nds the !o%rt held that the attestation done by to itnesses ere gen%ine and valid. &5, M#L#'# -abbar v# +#.# &astri%0he se!%rity bond as signed by three itness# a soli!itor and the registering offi!er. 5 o%t of the = itnesses and the soli!itor itnessed the do!%ment 7%st for the sake that they have identified the e$e!%tants. 0he !o%rt held some !ondition to be f%lfilled for an a%thenti! attestation. 0he !o%rt held that the registering offi!er !an also be a attesting itness if it !an be proved that he a!ted animo attestandi. If it f%lfills all the !ondition of 3e!tion = 0P(# then the attestation is valid.

Chapter = Boti!e &ection / TP'%,otice-It is a knoledge of a fa!t

( person is said to have a knoledge of a fa!t hen&1, he a!t%ally knos the fa!t &5, hen# b%t for his ishf%l abstention# from an in>%iry or sear!h hi!h he o%ght to have made# or gross negligen!e# he o%ld have knon it &!onstr%!tive or imp%ter noti!e, -Types of notice&1, 'ctual-(!t%al as the term spe!ifies# here the person in a!t%al possess the knoledge of the fa!t. It is on the party of the imp%ting the noti!e to prove that the other party a!t%ally had the knoledge. &5, !onstructive &a, illful abstention from an inuiry or search- ( sells a property to . &b, 0ross negligence-( took a loan from (C bank and kept the title deed of his ho%se ith the bank as se!%rity. Dor paying off the debt amo%nt# ( asks the bank to handover the title deed so that he !an strike a good deal for selling his ho%se. 0he bank a!ting negligently gave the papers to (. ( again on the same papers applied for loan to other banks. %iries abo%t the 4s stat%s and his possession in the property and by doing so he !o%ld have had the knoledge that the a!t%al oner as C ho is in a!t%al possession of the property. &e, Imputed ,otice-0he %nderlying prin!iple of this is that no person shall be alloed to get rid of the do!trine by simply employing an agent.( person is deemed to have had noti!e of the fa!t if his agent a!>%ired noti!e &i, hile a!ting on his behalf &ii, in the !o%rse of b%siness &iii, to hi!h b%siness# the fa!t is material. %t if the agent by fra%d# !on!eals the fa!ts# the prin!ipal !annot be !harges ith noti!e. -!ases &1, 'M! v# +a*i 'bdul 0afoor (!onstructive notice) -( be!ame insolvent. %estion m%st be transferred or otherise dealt ith b y any to the litigation A, 0he alienation m%st affe!t the rights of the other party -Cases&1, -ayaram Mudaliar v# 'yyasamy%0he property as a%!tioned be!a%se of some money de!ree. 0he Harta had to repay !ertain debts on behalf of the family. ( member of the family of the Harta filed a s%it for partition. 0he a%!tion took pla!e hile the s%it as pending. 0he !o%rt held that the a%!tion as hit by lis pendens as the alienation made by the Harta ere fra%d%lent and not for the legal ne!essity and the share of the !laimant shall remain %naffe!ted in the partition. &5, Dalip 2aur v# -eean $am% preemption case%(proceedings before the &! are a continuation of those in the original suit and that the principle of lis pendens as ell as restitution shall apply to the proceedings)%( filed a s%it for possession by ay of preemption against .
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