Property and Trust Law

Any person having the possession or control of a particular article of movable property, of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession in any of the following cases: (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.

Right to mere occupancy is not an attribute of ownership.

Movable property not in possession of the judgement debtor can be attached by an order prohibiting the person in possession thereof from giving it to the judgement debtor.

Actionable claim can be transferred. The transfer of an actionable claim whether with or without consideration shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent.

Under section 55 of the transfer of property act, duties of seller and buyer have been provided.The duty of seller includes to produce title deeds, to disclose patent defects and to execute conveyance.

Section 14 of the Transfer of property Act deals with rule against perpetuity.

Ostensible owner is not the real owner, but the real owner of the property permits him to hold himself out as a real owner. 

If the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the codicil, he is entitled to receive that specific thing only. B is entitled to one legacy of 5,000 rupees only.

Under the Specific Relief Act, a suit for recovery of possession can be filed in respect of both movable and immovable property.

The term ‘donatio mortis causa’ refers to a death-bed gift made by a dying person or othwerwise in contemplation of death and conditional thereon with the intent that the person receiving the gift shall have the thing if death ensues.

Right of redemption is the right which every mortgagor possesses, which is created by virtue of the mortgage deed.

Doctrine of redemption is based on a rule of justice, equity and good conscience.

On 9 September 2005, the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property of their fathers.

Under Section 58 of the Transfer of property act, all kinds of mortagage mentioned above are provided.

A mortgage which is not a simple mortgage, a mortgage by conditional sale, an usufructuary mortgage, an English mortgage or a mortgage by deposit of title-deeds within the meaning of this section is called an anomalous mortgage provided under Section 58 of the Transfer of Property Act.