Judicial Services Exam (PCS-J) Property Law, Transfer of Property and Equity Syllabus

Property Law, Transfer of Property and Equity syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Property Law, Transfer of Property and Equity in Judicial Services Exam (PCS-J), not a summary of it.

1. 1

   General Principles of Transfer of Property

   5 topics

   • Movable and Immovable Property - Concept of Transfer
   • What May Be Transferred and Persons Competent to Transfer
   • Operation of Transfer and Conditions
     • Rule against perpetuity
     • Conditional transfers and vested vs contingent interest
   • Doctrine of Election, Lis Pendens and Fraudulent Transfers
     • Doctrine of lis pendens - Section 52
     • Fraudulent transfer - Section 53
   • Doctrine of Part Performance - Section 53A
2. 2

   Specific Transfers of Immovable Property

   5 topics

   • Sale of Immovable Property
     • Rights and liabilities of buyer and seller
     • Marshalling and contribution
   • Mortgages and Charges
     • Kinds of mortgages
     • Rights of redemption and foreclosure
   • Leases of Immovable Property
     • Determination and forfeiture of lease
   • Gifts and Onerous Gifts
   • Transfer of Actionable Claims
3. 3

   Equity, Trusts and Allied Doctrines

   4 topics

   • Maxims of Equity
   • Doctrine of Notice and Bona Fide Purchaser
   • Trusts
     • Creation and kinds of trusts
     • Duties and liabilities of trustees
   • Constructive and Resulting Trusts
4. 4

   Easements and Local Tenancy Principles

   4 topics

   • Easements - Concept and Kinds
   • Acquisition and Extinction of Easements
     • Prescriptive easements and customary rights
   • Licences and Distinction from Easements
   • State Land and Tenancy Laws - General Framework

Property Law, Transfer of Property and Equity flashcards for Judicial Services Exam (PCS-J)

19 of 61 cards from the Property Law, Transfer of Property and Equity deck — real questions with worked answers.

1. Under the Transfer of Property Act, 1882, how is 'immovable property' defined (negatively)?

   Section 3 defines it negatively: immovable property does NOT include standing timber, growing crops, or grass. Otherwise it includes land, benefits arising out of land, and things attached to or permanently fastened to the earth.

2. What is the test to distinguish movable from immovable property (the 'doctrine of fixtures')?

   Two tests: (1) Degree/mode of annexation - how firmly the thing is attached to the earth, and (2) Object/purpose of annexation - whether it was attached for permanent beneficial enjoyment of the land or only for temporary use of the chattel itself.

3. How is 'transfer of property' defined under Section 5 of the Transfer of Property Act, 1882?

   Section 5: 'Transfer of property' means 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 others. 'Living person' includes a company, association or body of individuals.

4. Does the Transfer of Property Act apply to transfers by operation of law (e.g., inheritance, insolvency, court sale)?

   No. The Act deals only with transfers by act of parties (inter vivos). Transfers by operation of law - succession, forfeiture, insolvency, execution sales - are outside its purview.

5. What kinds of property/interests CANNOT be transferred under Section 6 of the TPA?

   Non-transferable items include: spes successionis (mere chance of inheritance), right of re-entry, easement apart from dominant heritage, restricted personal interests, right to future maintenance, mere right to sue, public office/salary, pensions, and transfers opposed to nature of interest or for unlawful object.

6. What is 'spes successionis' and is it transferable?

   Spes successionis is a mere expectancy/chance of an heir-apparent succeeding to an estate, or chance of a relation obtaining a legacy. Under Section 6(a) TPA it is NOT transferable; any such transfer is void.

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

   Every person who is (1) competent to contract (major, of sound mind, not disqualified by law) and (2) entitled to the transferable property, or authorised to dispose of transferable property not his own, is competent to transfer.

8. What passes to the transferee under Section 8 of the TPA (operation of transfer)?

   Section 8: A transfer passes to the transferee all the interest the transferor is then capable of passing in the property, along with all its legal incidents - rents, profits, easements, fixtures, and things attached - unless a different intention is expressed.

9. State the rule against conditions restraining alienation (Section 10 TPA).

   Section 10: A condition absolutely restraining the transferee from parting with or disposing of his interest is VOID (the transfer remains valid). Exceptions: lease conditions for benefit of lessor, and restraints on transfer by a married woman (not Hindu/Muslim/Buddhist) on anti-nuptial property.

10. Are partial restraints on alienation valid under TPA?

    Yes. Only ABSOLUTE restraints on alienation are void under Section 10. Partial or reasonable restraints (e.g., restricting transfer to a particular class of persons or for a limited time) are generally valid.

11. What does Section 11 TPA provide about restrictions repugnant to the interest created?

    Section 11: Where property is transferred absolutely, any condition restraining the transferee's free enjoyment of it is void, and the transferee takes as if no such direction existed. Exception: conditions for beneficial enjoyment of another adjoining piece of the transferor's land.

12. State the Rule against Perpetuity under Section 14 of the TPA.

    Section 14: A transfer cannot operate to create an interest taking effect after the lifetime of one or more persons living at the date of the transfer PLUS the minority (18 years) of a person in existence at the expiration of that life/lives. The vesting cannot be postponed beyond this perpetuity period.

13. Explain the doctrine of accumulation under Section 17 of the TPA.

    Section 17: Directions to accumulate income of property are valid only for (a) the life of the transferor, or (b) 18 years from the date of transfer - whichever is longer. Accumulation beyond this is void as to the excess period.

14. Define a vested interest under Section 19 of the TPA.

    Section 19: A vested interest is created when a transfer takes effect immediately or on the happening of a CERTAIN event. It is not defeated by death of transferee before enjoyment, is heritable and transferable, and does not depend on any condition precedent.

15. Define a contingent interest under Section 21 of the TPA, and how it differs from a vested interest.

    Section 21: A contingent interest arises when a transfer takes effect only on the happening (or not happening) of an UNCERTAIN specified event. It is conditional and may fail; it becomes vested when the contingency occurs. Vested = certain & present right to enjoy; contingent = mere chance dependent on uncertain event.

16. State the doctrine of election as enacted in Section 35 of the TPA.

    Doctrine of election: A person who takes a benefit under an instrument must also bear the burden in it. If a transferor purports to transfer property he has no right to, and confers a benefit on the owner of that property, the owner must ELECT either to confirm the transfer (giving up his property) or reject it (forfeiting the benefit).

17. Under the doctrine of election, what happens if the elector chooses to dissent (reject the transfer)?

    If the owner dissents, he retains his own property but must relinquish the benefit conferred, and that benefit reverts to the transferor or his representative. If the transfer was gratuitous and the transferor has died, the dissenting party may have to compensate the disappointed transferee out of the relinquished benefit.

18. State the doctrine of Lis Pendens under Section 52 of the TPA.

    Lis pendens ('a litigating thing'): During the pendency of a suit 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 the court's decree, except with court's authority. Based on maxim 'pendente lite nihil innovetur'.

19. What is the effect of a transfer made during the pendency of litigation (lis pendens)?

    The transfer is NOT void; it is valid between transferor and transferee but the transferee is bound by the result of the suit. The pendente lite purchaser takes subject to the decree, as if no transfer had occurred.

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