Property and Trust Law

Under the Transfer of Property Act, attached to the earth means-(a) rooted in the earth, as in the case of trees and shrubs;(b) imbedded in the earth, as in the case of walls or buildings; or(c) attached to what is so embedded for the permanent beneficial enjoyment of that to which it is attached;

As per section 3 of the transfer of property act, instrument means non-testamentary instrument.

Transfer of property can be made orally or by registered instrument. A transfer of property may be made without writing in every case in which a writing is not expressly required by law. 

Section 35 of the Transfer of property act states that where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property, such owner must elect either to confirm such transfer or to dissent from it. 

Section 52 of the transfer of property act uses "the property cannot be trasnferred or otherwise dealth with. At the same time, the transfer pendente lite is not void but is only subject to the outcome of the litigation. Thus, the transfer is voidable at the instance of the affected party". 

Partition is not a transfer of property. Partition is just the destribution of share of coparceners which is already vested in them.

Under section 19 of the Hindu succession act 1956, If two or more heirs succeed together to the property of an intestate, they shall take the property-(a) save as otherwise expressly provided in this Act, per capita and not per stripes; and(b) as tenants-in-common and not as joint tenants. 

A vested interest is not defeated by the death of the transferee before he obtains possession. An intention that an interest shall not be vested is not to be inferred merely from a provision whereby the enjoyment thereof is postponed, or whereby a prior interest in the same property is given or reserved to some other person, or whereby income arising from the property is directed to be accumulated until the time of enjoyment arrives, or from a provision that if a particular event shall happen the interest shall pass to another person.

Section 41 of the Indian Succession Act, 1925 provides that the property of an intestate where he has left no lineal descendants can be distributed only after deducting the share of his widow.

X sells a property to Z with a condition V that he must live in it. The condition is void. Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void.

Privileged wills are made by those who are in active military service, which means that they are either working in an operational area in the forces or are just about to be posted to one. 

Section 34 of the specific relief act states that any person entitled to any legal character or to any right as to any property may institute a suit against any person denying or interested to deny his title to such character or right and the court may in its discretion make therein a declaration that he is so entitled.

Section 13 of the specific relief act is applicable when the transfer of property has been made by the seller who has no title or has imperfect title.

Set off may be legal set off or equitable set off.

Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void.