Transfer of Property Act and Easements Act
Scope
This domain tests transfers by act of parties-sale, mortgage, lease, gift, exchange and actionable claims-and the law of easements. The Munsiff frequently deals with title, possession, landlord-tenant disputes and rights of way.
Core rules
- Section 54: sale requires a transfer of ownership for price, with a registered instrument where the property is tangible immovable property of value ₹100 or more.
- Section 58: mortgages include simple, conditional sale, usufructuary, English, equitable (deposit of title deeds) and anomalous mortgages.
- Section 106: lease of immovable property requires notice to quit; section 111 lists determination of lease.
- Section 122: gift requires acceptance and delivery; section 123 requires registration for immovable property.
- Easements Act 1882: section 4 defines an easement; section 13 recognises easements of necessity and quasi-easements; section 15 requires 20 years' peaceable, open enjoyment as of right for prescription.
Worked example
A sells land to B but retains the only access road. B claims a right of way. Because the way is necessary for the reasonable enjoyment of the transferred property, B has an easement of necessity under section 13. If B instead claims a shortcut used for 12 years, prescription under section 15 fails for want of 20 years.
Traps
A lease creates an interest in land; a licence merely permits use and is revocable. An unregistered sale deed does not convey title, though it may be used to prove part performance under section 53A. An easement cannot be used to enlarge the dominant heritage.