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$!ept standing timber# groing !rops and grass, &ii, 0hings imbedded in the earth-ho%ses# b%ildings &iii, 0hings atta!hed to hat is so embedded for permanent benefi!ial en7oyment of that hi!h is embedded &8o!trine of fi$t%res,-8oors# indos 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# groing !rops and grass. -&tanding timber-( timber-( tree that has attained its f%ll age# height and dras 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$!l%ded standing timber# groing !rops and grass from the p%rvie of an immovable property. %ires some a%thenti!ity of the do!%ment and that it as e$e!%ted by a person4s free ill and %nderstanding and itho%t any for!e# fra%d or !oer!ion. -$euisites &1, there m%st be atleast to itness &5, it is not ne!essary that all the itnesses m%st sign at the same time &=, it is ne!essary that the itness m%st sign in the presen!e of the e$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!knoledgement 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$e!%tion of the instr%ment &A, 0he itness !an sign anyhere in the instr%ment and no pla!e is fi$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 to 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 knoledge of a fa!t
( person is said to have a knoledge of a fa!t hen&1, he a!t%ally knos 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 knon 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 knoledge 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 knoledge. &5, !onstructive &a, illful abstention from an inuiry 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 knoledge that the a!t%al oner 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 alloed 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 otherise 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# 'yyasamy%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# -eean $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 .