Transfer of Property Act - Important Doctrines

Transfer of Property Act - Important Doctrines

1. Nemo det quod no habet – No person can give better title than he himself possess – Section 7

 

2. Doctrine of rule against Perpetuity – Section 14

 

3. Doctrine of Accumulation – section 17

 

4. Doctrine of Cypress – section 18, 26

 

5. Doctrine of Transfer – Sec 25

 

6. Condition Precedent – Section 26

 

7. Condition subsequent – Section 28 R/w 29

 

8. Doctrine of acceleration – Section 27

 

9. Doctrine of Election – Section 35

 

10. Doctrine of holding out or transfer by ostensible owner

 

11. Feeding grant by estoppels – section 43

 

12. Doctrine of lis pendens – section 52

 

13. Doctrine of fraudulent transfer – section 53

 

14. Doctrine of part performance – 53A

 

15. Doctrine of Marshaling

            - by subsequent purchaser – section 56

            - by subsequent mortgagee – section 81

 

16. Once mortgagee always mortgagee – section 60

 

17. Rule of Contribution – section 82

 

18. Rule of subrogation – section 92

 

19. Redeem up, foreclose down - section 91, 94

 

Bharath L

Advocate

High Court of Karnataka, Bangalore

+91 9844734166

 

 

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