Section 30 of transfer of property act

Prior disposition not affected by invalidity of ulterior disposition. If the ulterior disposition is not vali the prior disposition is not affected by it. The Act mainly deals with the transfer of immovable properties.

Transfer of property Act Sec. Where, on a transfer of property , an interest therein is to accrue to such of certain persons as shall be surviving at some perio but the exact period is not specifie the interest shall go to such of them as shall be alive when the intermediate or precedent interest ceases to exist, unless a contrary. A Latin maxim says: ‘Nemo dat quod non habet’ which means that no one can give what he doesn’t have. This is the ground principle regarding the transfer of title.

Let us take a look. Changes that have been made appear in the content and are referenced with annotations. In the case of a registered charge, the following are the dispositions which are required to be completed by registration— (a) a transfer , and (b) the grant of a sub-charge. The Even obligation of parties is mentioned in the act. One of the main rights of the tenants is that all the material defects in the property should be disclosed to him and he should be given possession of the property when he asks for it and the owner is liable to fulfil his obligation if the tenant is also willing to do so.

Ans: Yes Oliver gets a good title. Peter, who still has the possession, agrees to sell it to Oliver. Power to deal with charged property. Duties of special PPP administrator. Statement as to company’s affairs.

Section (1) Any patent or application for a patent is personal property (without being a thing in action), and any patent or any such application and rights in or under it may be transferre. So, Section creates a limitation over the transfer by making it subject to the result of the litigation. Hence, ‘ Property cannot be transferred’ doesn’t mean you can’t deal in property.

Yes, owner may enter into transfer of property , but such transfer is subject to the Court’s decree and also with prior permission. This section regarding onerous gifts is based on the maxim-‘Qui sentit commodum, sentire debet et onus’ which means ‘he who receives advantage must bear the burden also. The Act provides a clear, systematic and uniform law for the transfer of immovable property between living persons. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.

Such condition must not be invalid. On a transfer of part of a site, complications can arise if the rights which are to benefit the land sold are not adequately addressed. This can be particularly impactive in the case of rights of way. The student must lend much attention to the doctrines enshrined in the Act. Case law is given its due place.

Criteria for a transfer order. The crisp issue for decision by the SCA was whether “the prescription period of the debt in issue was years or years as provided in s11(a)(i) or 11(d) of the Prescription Act respectively”. Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transfer in the property. Section gives effect to the general rule that a transfer can be effected only between living persons. Section 38: Effect of transfer of patent under section Property in patents and applications, and registration.

There cannot be a direct. Section 39: Right to employees’ inventions Employees’ inventions.