Most Important Doctrines under the Transfer of Property Act, 1882 (TPA, 1882)

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Most Important Doctrines under the Transfer of Property Act, 1882 (TPA, 1882):

Doctrines under the Transfer of Property Act, 1882

1. Doctrine of Election (Section 35)

  • When a person transfers a property which he does not own but also confers a benefit to the real owner, the real owner must choose (elect) between:

    • Accepting the transfer, or

    • Retaining the benefit.

  • If he accepts the benefit, he must relinquish his own claim on the property.

  • Illustration: A gifts B’s property to C and also gives some benefit to B in the same document. B must elect.

2. Doctrine of Lis Pendens (Section 52)

  • "Lis" means litigation and "Pendens" means pending.

  • No transfer of immovable property is valid during the pendency of a legal proceeding affecting it.

  • Purpose: To prevent multiplicity of litigation and protect judicial process.

3. Doctrine of Part Performance (Section 53A)

  • Origin: From equity and codified in Indian law.

  • If:

    • A written contract exists,

    • Transferee has taken possession, and

    • Is willing to perform their part,

  • Then the transferor cannot deny the rights of the transferee, even if the transfer is not registered.

  • Acts as a shield, not a sword.

4. Doctrine of Fraudulent Transfer (Section 53)

  • If a transfer is made with the intent to defeat or delay creditors, it is voidable at their option.

  • Similarly, a gratuitous transfer to defraud a subsequent purchaser is voidable.

5. Doctrine of Priority (Section 48)

  • When rights are created over the same property at different times, the earlier right prevails.

  • Later rights are subject to earlier ones, unless there’s a contract stating otherwise.

6. Doctrine of Feeding the Grant by Estoppel (Section 43)

  • When a person fraudulently or mistakenly transfers property without owning it, and later acquires title, the transferee can claim the property.

  • Applies only if the contract still exists and the transferee wants to enforce it.


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