question_answer

The holding of interest in land for a particular use or benefit is defined as easement.

For example if C the owner of a house, has a right of way over an adjoining plot of land belonging to r, he cannot give this right to D. But if C transfers the house itself to D the easement is also transferred to D.

“"Transfer for benefit of unborn person"” (S. 13]

No direct transfer can be made to an unborn person. Interest of the unborn person must be preceded by a prior interest. The unborn person must be the exclusive owner of the whole of the property.

For example, perpetuity for a child of 10 years who will become owner at 18, is 8.

Doctrine of lis pendens [S. 52]

Meaning: Lis means litigation and pendens means pending.

Lis is pending suit or petition before a court.

If any party has transferred property under litigation in suit, the transferee is bound by the judgment of the court.

For example: An office building is under litigation. E and F are parties to litigation. E during the pendency of the suit transfers property to F. The suit ends in favour of F.

Exception: The doctrine is Inapplicable to transfers made to strangers.

Gift [Ss. 122-129]

Meaning: “"Gift means transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person to another.”"

Essentials of gift

1. Transfer of ownership from donor to donee.

2. The transfer must be made voluntarily and without consideration.

3. The transfer must be accepted by the donee. Acceptance by donee should be during his lifetime

Lease [S. 105]

The transfer for a particular time and consideration to enjoy property from one person to another.

Mortgages [S. 58]

Mortgage means transfer of an interest in specific immovable property for the purpose of securing payment of money advanced or to be advanced by way of loan or performance of an engagement which may give rise to pecuniary liability. It can be of various types.

Rights and liabilities of lessor and lessee [S. 108]

1. Rights and liabilities of the lessor

(a) The lessor is bound to disclose to the lessee any material defect in the property.

(b) The lessor is bound on the lessee'’s request to put him in possession of the property.

(c) The lessor shall be deemed to be bound to the contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contract binding on the lessee.

2. Rights and liabilities of the lessee

(a) If during the continuance of the lease any accession is made to the property shall be deemed to be comprised in the lease.

(b) If by fire, tempest or flood, or violence of any army or of a mob, or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let lease shall, at the option of the lessee, be void.

(c) The lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the properly, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease.

Ram gifts a piece of land belonging to him to a minister in the hope that the minister will give a suitable employment to his son. In this case

A) The gift is not valid

B) The gift is not valid only if Ram’s son doesn’t get a job.

C) The gift is valid under all conditions

D) The gift is not valid only if Ram claims back the land after his son gets the job.