Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place. ~ Frederic Bastiatist
Overview of the Syllabus Legislations Covered- Transfer of Property Act, 1882 Indian Easement Act,1882 Indian Stamp Act, 1899 Indian Registration Act,1902
Concept of Property
Types of Property- Immovable & Movable
Types of Property Corporeal Property- Movable & Immovable Incorporeal Property- Intangible property Intangible property- Jura in re propria Over Material things (for example patents, copyrights, trademarks etc ) Jura in re Aliena encumbrances, whether over material or immaterial things, for example, Lease, mortgage etc.
Relevance for Studying the Distinction Between Movable(MP) and Immovable Property(IP) General rules of TPA are applicable to both MP/IP, but it governs transfer of specific IP only. Difference in Procedural formalities. Transfer of IP attracts the provision of Stamp Duty Act. Different time stipulated in law of limitation for filling a suit incase of disputes pertaining to MP/IP.
Mode of Transfer MP: Delivery of possession IP- Written, attested & registered instrument.
Transfer of Movable and Immovable Property
Transfer of Property Act,1882 Historical background of the Act. Preamble - An Act to define and amend the law relating to the transfer of property by act of parties . Key terms in Preamble- Amend, transfer of property and Act of parties.
Analysis of Preamble TPA is Applicable TPA is not Applicable