LAWACADEMY

  Section 2 of the Transfer of Property Act, 1882 Section 2 of the Transfer of Property Act, 1882, is a saving clause that preserves the validity of certain enactments, incidents, rights, liabilities, etc., that are not affected by the provisions of this Act. It has four sub-sections, namely: - Section 2(a): This sub-section states that the provisions of any enactment not expressly repealed by this Act shall remain in force. For example, the Indian Registration Act, 1908, which requires certain transfers of property to be registered, is not repealed by this Act and is still applicable. - Section 2(b): This sub-section states that any terms or incidents of any contract or constitution of property that are consistent with this Act and are allowed by the law for the time being in force shall remain valid. For example, if a contract of sale of property contains a clause that the seller shall pay the stamp duty, this clause is consistent with this Act and is valid. - Section 2(c): This...

Section 52- "Doctrine of Lis Pendens" Section 52 of the Transfer of Property Act, 1882, embodies the doctrine of lis pendens, which means "pending litigation". The doctrine states that any transfer of immovable property during a pending suit involving the same property is subject to the outcome of the suit, and does not affect the rights of the other party. The main purpose of the doctrine is to prevent the endless litigation and confusion that would arise from allowing transfers pendente lite (during the litigation). The doctrine is based on public policy and convenience, not on the principle of notice. Therefore, it does not matter whether the transferee pendente lite had or had not notice of the pending suit. The essential conditions for the applicability of the doctrine are: - There must be a pending suit or proceeding in a court of competent jurisdiction. - The suit or proceeding must not be collusive. - The suit or proceeding must directly and specifically i...

Section 79 of the Transfer of Property Act, 1882   Section 79 of the Transfer of Property Act, 1882 deals with the priority of mortgages in case of future advances. It states that if a mortgage is made to secure future advances, the performance of an engagement, or the balance of a running account, and it expresses the maximum amount to be secured by it, then a subsequent mortgage of the same property will be postponed to the prior mortgage in respect of all advances or debits not exceeding the maximum, even if they are made or allowed with the notice of the subsequent mortgage. This section aims to protect the prior mortgagee who has agreed to lend more money to the mortgagor in the future, and to prevent the subsequent mortgagee from claiming priority over the prior mortgagee for the amount exceeding the maximum. Section 79 deals with the priority of mortgages in case of future advances, when the maximum amount is expressed.   For example , suppose A mortgages his property t...

Section 63 and Section 70 of TPA . Section 63 and Section 70 of the Transfer of Property Act, 1882 are both related to the accession of mortgaged property, but they have some differences. Here is a brief comparison:  - Section 63 relates to the accession  to mortgaged property, which means any addition or improvement made to the property during the continuance of the mortgage. It lays down the rights and liabilities of the mortgagor and the mortgagee regarding such accession, depending on whether it was acquired at the expense of the mortgagee or not, and whether it is capable of separate possession or enjoyment or not. It also specifies how the profits, if any, arising from the accession should be credited or set off. - Section 70 relates to the accession  made by the mortgagee in good faith to the mortgaged property. It states that the mortgagee is entitled to add the cost of such improvements to the principal money, and to charge interest on it at the same rate as the ...