Delhi Judicial Services Exam Property, Transfer & Tort Law Syllabus

Property, Transfer & Tort Law syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Property, Transfer & Tort Law in Delhi Judicial Services Exam, not a summary of it.

1. 1

   Transfer of Property: General Principles

   3 topics

   • Concept of property and transfer
     • Movable and immovable property
     • What may be transferred (Section 6)
   • Conditions and rules of transfer
     • Rule against perpetuity (Section 14)
     • Conditional transfers
     • Doctrine of election
   • Doctrines under TPA
     • Doctrine of lis pendens (Section 52)
     • Fraudulent transfer (Section 53)
     • Part performance (Section 53A)
2. 2

   Specific Transfers

   5 topics

   • Sale of immovable property
     • Rights and liabilities of buyer and seller
     • Sale vs agreement to sell
   • Mortgages
     • Kinds of mortgage
     • Rights of redemption and foreclosure
     • Marshalling and contribution
   • Lease
     • Lease vs licence
     • Determination and forfeiture of lease
   • Gift and exchange
     • Onerous gifts
     • Revocation of gifts
   • Charge and actionable claims
3. 3

   Law of Torts: General Principles

   4 topics

   • Nature, definition and essentials of tort
     • Damnum sine injuria and injuria sine damno
     • Ubi jus ibi remedium
   • General defences
     • Volenti non fit injuria
     • Act of God and inevitable accident
     • Necessity and statutory authority
   • Vicarious liability
     • Master-servant relationship
     • State liability
   • Strict and absolute liability
     • Rylands v Fletcher
     • M.C. Mehta and absolute liability
4. 4

   Specific Torts & Consumer Protection

   4 topics

   • Negligence
     • Duty, breach and damage
     • Contributory negligence
     • Res ipsa loquitur
   • Nuisance and trespass
   • Defamation
     • Libel and slander
     • Defences
   • Consumer Protection Act, 2019
     • Consumer, defect and deficiency
     • Redressal commissions and jurisdiction
     • Product liability

Property, Transfer & Tort Law flashcards for Delhi Judicial Services Exam

21 of 65 cards from the Property, Transfer & Tort Law deck — real questions with worked answers.

1. Under the Transfer of Property Act, 1882, how is "transfer of property" defined in Section 5?

   An act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons. "Living person" includes a company, association or body of individuals (whether incorporated or not).

2. What kinds of property does the Transfer of Property Act, 1882 primarily deal with, and what does Section 6 say about what may be transferred?

   It primarily deals with transfer of immovable property inter vivos (between living persons). Section 6 lays down that property of any kind may be transferred, except as otherwise provided by the Act or any other law (the clauses (a)-(i) listing exceptions like spes successionis, right of re-entry, easements, etc.).

3. List the main categories of property that CANNOT be transferred under Section 6 of the TPA, 1882.

   (a) Spes successionis (chance of an heir/legatee), (b) mere right of re-entry, (c) easement apart from dominant heritage, (d) restricted interest enjoyed personally, (dd) right to future maintenance, (e) mere right to sue, (f) public office/salary, (g) pensions/stipends, (h) transfers opposed to natural interest, unlawful object, or to disqualified transferee, (i) untransferable right of occupancy, farmer of estate in default, lessee of estate under management.

4. Who is competent to transfer property under Section 7 of the TPA, 1882?

   Every person competent to contract (i.e., of the age of majority, of sound mind, and not disqualified by law) and entitled to the transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property.

5. What is the doctrine of spes successionis and why is its transfer void?

   Spes successionis is a mere chance of an heir apparent succeeding to an estate, or the chance of a relation obtaining a legacy. Under Section 6(a) TPA it is a mere expectancy, not property, so its transfer is void ab initio.

6. What does Section 8 of the TPA, 1882 (operation of transfer) provide?

   Unless a different intention is expressed or implied, a transfer of property passes to the transferee all the interest the transferor is then capable of passing in the property and in the legal incidents thereof (e.g., rents, easements, fixtures attached to land).

7. State the rule against perpetuity under Section 14 of the TPA, 1882.

   No transfer can create an interest that is to take effect after the lifetime of one or more persons living at the date of the transfer and the minority of some person who shall be in existence at the expiration of that period, and to whom the interest is to belong if he attains full age. In short, vesting cannot be postponed beyond life/lives in being plus the minority period of the ultimate beneficiary.

8. What is the maximum permissible perpetuity period under the TPA, and what is the position of an unborn person under Section 13?

   Maximum period = life/lives in being + period of gestation (if any) + minority (up to 18 years) of the unborn ultimate beneficiary. Under Section 13, property can be transferred for the benefit of an unborn person only by first creating a prior life interest in a living person and giving the unborn the absolute (whole remaining) interest; the unborn cannot be given a limited estate.

9. Distinguish between a vested interest (Section 19) and a contingent interest (Section 21) under the TPA.

   Vested interest: takes effect immediately/on a certain event bound to happen, is not defeated by death of transferee before possession, and is heritable and transferable. Contingent interest: depends on a specified uncertain event; becomes vested only on happening of that event; if transferee dies before the contingency, the interest fails; heritability/transferability is doubtful/limited.

10. What is a conditional transfer and what is the effect of an impossible, unlawful or immoral condition under Sections 25 and 26 of the TPA?

    A conditional transfer is one made to take effect only on fulfilment of a condition. Under Section 25, a transfer on a condition that is impossible, forbidden by law, fraudulent, involves injury to person/property, or is immoral/opposed to public policy, is void. Section 26 deals with fulfilment of a condition precedent, which need only be substantially complied with.

11. Explain the difference between a condition precedent and a condition subsequent under the TPA.

    Condition precedent (Section 26): must be fulfilled before the interest vests; substantial compliance suffices. Condition subsequent (Section 29-31): operates after the interest has already vested; on its breach the interest is divested. A condition subsequent must be strictly fulfilled and must be valid (not impossible/unlawful), else it is disregarded and the transfer becomes absolute.

12. What does Section 10 of the TPA provide regarding a condition restraining alienation?

    Where property is transferred subject to a condition absolutely restraining the transferee from parting with or disposing of his interest, the condition is void (the transfer remains valid). Exceptions: a lease where the condition benefits the lessor, and transfers to/for the benefit of a woman (not being a Hindu, Muslim or Buddhist) restraining anticipation.

13. What is the doctrine of election under Section 35 of the TPA, 1882?

    Where a person professes to transfer property he has no right to transfer, and as part of the same transaction confers a benefit on the owner of that property, the owner must elect either to confirm the transfer (and accept the benefit) or to dissent (and forfeit the conferred benefit). One cannot approbate and reprobate -- accept under an instrument while rejecting part of it.

14. Explain the doctrine of part performance under Section 53A of the TPA, 1882 and its essential conditions.

    Where a transferee under a written contract for transfer of immovable property for consideration has taken possession (or continues in possession) and has done some act in furtherance of the contract, and is willing to perform his part, the transferor (and persons claiming under him) is barred from enforcing any right against the transferee in respect of the property, other than a right expressly provided by the contract -- even if the transfer was not completed in the manner prescribed by law. It is a shield (defence), not a sword. Requires: (1) written contract signed by transferor, (2) consideration, (3) possession taken/continued, (4) act in furtherance, (5) transferee's readiness and willingness.

15. State the doctrine of feeding the grant by estoppel under Section 43 of the TPA.

    Where a person fraudulently or erroneously represents that he is authorised to transfer certain immovable property and transfers it for consideration, and later acquires an interest in that property, the transferee may, at his option, have the transfer operate on the interest the transferor subsequently acquires -- provided the contract is still subsisting. It protects a bona fide transferee for value.

16. What is the doctrine of lis pendens under Section 52 of the TPA, 1882?

    During the pendency of any suit or proceeding in which any right to immovable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party so as to affect the rights of any other party under any decree that may be made, except with the authority of the court. The transfer is not void but is subject to the result of the litigation (pendente lite nihil innovetur).

17. Explain the doctrine of fraudulent transfer under Section 53 of the TPA.

    A transfer of immovable property made with intent to defeat or delay the creditors of the transferor is voidable at the option of any creditor so defeated or delayed. Also, a transfer made without consideration with intent to defraud a subsequent transferee is voidable at the option of such transferee. It does not impair the rights of a transferee in good faith and for consideration.

18. State the rule of priority under Section 48 of the TPA, 1882.

    Where a person creates at different times rights in the same immovable property and such rights cannot all exist together, each later created right is subject to the rights previously created (qui prior est tempore potior est jure -- he who is earlier in time is stronger in law).

19. Define "sale" of immovable property under Section 54 of the TPA, 1882.

    Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. For tangible immovable property of value Rs. 100 or more, or a reversion/intangible thing, sale can be made only by a registered instrument; for tangible immovable property of value less than Rs. 100, by registered instrument OR by delivery of property.

20. What is the legal distinction between a "contract for sale" and a "sale" under Section 54 TPA?

    A contract for sale is merely an agreement that a sale of property shall take place on terms settled between parties; it does not, of itself, create any interest in or charge on the property. A sale actually transfers ownership. Thus a contract for sale gives only a right to obtain another document (conveyance), not title.

21. List the rights and liabilities of buyer and seller of immovable property under Section 55 of the TPA.

    Seller's duties: disclose material defects, produce title documents, answer questions on title, execute conveyance, take care of property/title deeds till delivery, pay public charges/rent till sale, deliver possession. Seller's right: rents/profits till ownership passes; charge on property for unpaid price (seller's lien). Buyer's duties: disclose facts increasing value, pay price, bear loss after ownership passes, pay outgoings after that. Buyer's rights: benefit of any improvement, charge on property for prepaid price if delivery not given (buyer's lien).

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