Transfer of Property Act, 1882 and Easements
This domain tests transfer mechanics (sale, mortgage, lease, gift) and servitudes under the Indian Easements Act, 1882.
Core rules
- Section 54: sale of immovable property of value of Rs.100 or more requires a registered instrument; otherwise delivery of possession suffices.
- Section 58 lists six mortgages (simple, conditional sale, usufructuary, English, equitable, anomalous); s.60 gives the right of redemption, which is not extinguished by contract (s.60 proviso).
- Section 52, lis pendens; s.53, fraudulent transfer; s.41, protection of a transferee from an ostensible owner; s.43, feeding the estoppel; s.53A, part performance.
- Lease: s.106 notice, s.108 rights and liabilities, s.111 determination. A lease exceeding one year requires registration.
- Gift under ss.122 to 126 requires a registered instrument attested by two witnesses for immovable property.
- Easements: s.4 definition, s.13 mode of acquisition, s.15 prescriptive right after twenty years, s.7 easement of necessity, s.41 extinguishment on unity of ownership; licence under ss.52 to 60 is revocable.
Worked example
A agrees in writing to sell land to B, receives part of the price and hands over possession. A then sells to C. B may resist dispossession under s.53A because the contract is in writing, B is in possession in part performance, and B did some act in furtherance, provided B acted in good faith. Section 53A is a shield, not a sword; B gets no title and cannot sue for possession.
Traps
Section 53A is treated as a transfer of title; s.41 is applied to a transferee with notice; a gift is executed without attestation; and easement of necessity is confused with a prescriptive right.