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SHORT NOTES - Immovable Property - Fixture and Chattel - Attestation - Constructive Notice - Imputed Notice - Spes Successionis - Operation of Transfer - Oral Transfer - Repugnant conditions - Perpetuity - Accumulation - Vested Interest and Contingent Interest - Condition precedent and Condition subsequent - Doctrine of cypress - Rule of Acceleration - Restrictive Covenants - Doctrine of Election - Ostensible Owner - Doctrine of Holding out - Feeding Grant by Estoppel - Rights of Person under Defective Title Holder CASE LAWS Marshall v. Green Seeni Chettiar v. Santhanathan Lala Kundan Lal v. Musallat Mushrafi Begum Daniels v. Davison Holland v. Hodgson Amrit Narayan v. Gaya Singh Karpagathachi v. Nagarathinathaci Tagore v. Tagore In Re Rosher, Rosher v. Rosher

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Page 1: Questions

SHORT NOTES

- Immovable Property

- Fixture and Chattel

- Attestation

- Constructive Notice

- Imputed Notice

- Spes Successionis

- Operation of Transfer

- Oral Transfer

- Repugnant conditions

- Perpetuity

- Accumulation

- Vested Interest and Contingent Interest

- Condition precedent and Condition subsequent

- Doctrine of cypress

- Rule of Acceleration

- Restrictive Covenants

- Doctrine of Election

- Ostensible Owner

- Doctrine of Holding out

- Feeding Grant by Estoppel

- Rights of Person under Defective Title Holder

CASE LAWS

Marshall v. GreenSeeni Chettiar v. SanthanathanLala Kundan Lal v. Musallat Mushrafi BegumDaniels v. DavisonHolland v. HodgsonAmrit Narayan v. Gaya SinghKarpagathachi v. NagarathinathaciTagore v. TagoreIn Re Rosher, Rosher v. RosherSopher v. Adminstrator General, West BengalRajesh Kanta v. Shanti DeviEdward v. Hammond , 81Cooper v. CooperRam Coomer v. Mc Queen, 101Tulk v.Moxhay

Page 2: Questions

Bellamy v. Sabine, 111Ebrahim v. FulbaiMaddison v. Alderson, 125Walsh v. Landsdale, 126Mohammed Musa v. Aghore Kumar GangulyLeake v. Robinson, 66Tilak Dhari Lal v. Koendanlal

- “Right to alienate is no more choice of the party”. Do you agree?. Critically examine.

- “Present property alienable rather future property inalienable”. Comment.

- “Property of any kind may be transferred.” Are there any exceptions to this? Examine.

- “Quid quid plantatur solo solo cedit” – examine.

- “Transfer of Property Act is not only favour the transfer between living persons”. Critically examine this statement with the help of relevant provisions of the Transfer of Property Act.

- Sate and explain the rule against inalienability “Law favours freedom of alienation”- Comment.

- “Absolute restraint on alienation is void but partial restraint is valid” – Comment.

- “The condition or limitation restraining alienation is void” – Examine.

- “An absolute restraint on alienation is void; but a partial restraint is not”. Explain with decided case laws and state the exceptions.

- What are the rules to be observed while transferring property infavour of an unborn person?

- Explain the rule against perpetuity and state the exceptions to the rule.

- “The foundation of the doctrine of election is that a person taking the benefit of an instrument ’

- “To what extent can a transferee of immovable property protect his interest by the plea of estoppels as against the transferor or his representatives”

- Describe the rights and liabilities of person under defective title.

- b“Person improved the land under defective title has limited interest rather absolute interest” – Comment.

- “In pending litigation nothing new shall be created”. How is the principle interpreted in the Transfer of Property Act.

- What is transfer pending suit? Explain the essential conditions of a pending suit.

- What transfers are treated as fraudulent transfers and under what conditions such transfers can be set aside?

- Explain the doctrine of part-performance and point out the difference between English Law and Indian Law.

- “The right conferred by Section 53-A is a right available only to the defendant to protect his possession” – Elucidate.

- “Qui prior est tempore portior est jure”. Explain the legal maxims with exceptions.