Transfer of Property Act and Easements
Transfer of Property Act and Easements tests voluntary transfers of immovable property and rights of use over land. Focus on sale, mortgage, lease, gift, part performance and easements.
Transfer rules
Section 5 defines transfer inter vivos. Section 6 lists non-transferable interests, including mere right to sue and chance of heir apparent. Sale is under s.54; a sale of tangible immovable property of value above Rs.100 requires a registered instrument. Mortgage is under s.58; lease under s.105; gift under s.122. Section 52 lis pendens prevents alienation during a pending suit. Section 53A protects a transferee in possession under a written, signed contract who has performed or is willing to perform.
Easements
The Indian Easements Act, 1882 defines an easement as a right to use or restrict use of another's land. Easements may be continuous or discontinuous, apparent or non-apparent. Prescriptive easement requires 20 years' peaceable, open enjoyment as of right. Easements are extinguished by release, abandonment or non-enjoyment.
Worked example
A agrees to sell land to B, takes part payment and delivers possession. A then sells to C. B cannot claim title under s.53A, but can resist C's possession claim if B is willing to perform and the contract is genuine. C's registered sale may still prevail subject to the statutory protection.
Traps
Section 53A is a shield, not a sword. A mortgage is not a sale. Lis pendens does not apply to transfers before suit. Prescriptive easement needs the required period and character of enjoyment.