Most Important Doctrines under the Transfer of Property Act, 1882 (TPA, 1882)
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)
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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:
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Accepting the transfer, or
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Retaining the benefit.
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If he accepts the benefit, he must relinquish his own claim on the property.
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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)
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"Lis" means litigation and "Pendens" means pending.
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No transfer of immovable property is valid during the pendency of a legal proceeding affecting it.
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Purpose: To prevent multiplicity of litigation and protect judicial process.
3. Doctrine of Part Performance (Section 53A)
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Origin: From equity and codified in Indian law.
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If:
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A written contract exists,
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Transferee has taken possession, and
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Is willing to perform their part,
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Then the transferor cannot deny the rights of the transferee, even if the transfer is not registered.
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Acts as a shield, not a sword.
4. Doctrine of Fraudulent Transfer (Section 53)
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If a transfer is made with the intent to defeat or delay creditors, it is voidable at their option.
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Similarly, a gratuitous transfer to defraud a subsequent purchaser is voidable.
5. Doctrine of Priority (Section 48)
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When rights are created over the same property at different times, the earlier right prevails.
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Later rights are subject to earlier ones, unless there’s a contract stating otherwise.
6. Doctrine of Feeding the Grant by Estoppel (Section 43)
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When a person fraudulently or mistakenly transfers property without owning it, and later acquires title, the transferee can claim the property.
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Applies only if the contract still exists and the transferee wants to enforce it.
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