Property law study guides

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• Transfer basics: capacity, conditions and competing rights

  Start with the transferor's authority and the interest being transferred; payment and possession alone do not answer every question.

• Sale and an agreement to sell

  A sale transfers ownership for a price. A contract for sale does not, by itself, create an interest or charge in the property.

• Mortgages, redemption and marshalling

  A mortgage transfers an interest in specific immovable property to secure an obligation; it is not simply another name for a sale.

• Leases, notice and holding over

  A lease transfers a right to enjoy property, not ownership. Duration, formalities and termination are separate questions.

• Exchange: property for property

  Exchange turns on mutual transfers of ownership, not simply the absence of a cash payment.

• Gifts: acceptance, form and revocation

  A gift requires voluntary transfer of existing property without consideration and acceptance within the statutory window.

• Actionable claims: assignment and existing liabilities

  Use section 3's definition before assuming that any debt, lawsuit or document is an actionable claim.

Key terms

Transferor / transferee

The person transferring a property interest and the person receiving it; identify the interest and authority first.

Section 5Section 7Section 8

Vested interest

An interest governed by section 19; postponing enjoyment alone does not make it contingent.

Section 19

Contingent interest

An interest depending on a specified uncertain event in section 21, subject to that section's rule and exception.

Section 21

Lis pendens

Section 52 restricts the effect of dealings during qualifying property litigation; it is not simply a ban on every signed document.

Section 52

Mortgage

Transfer of an interest in specific immovable property for a security purpose under section 58.

Section 58

Redemption

The mortgagor's right described in section 60 after the principal money becomes due, subject to statutory qualifications.

Section 60

Marshalling

A qualified ordering of recourse to multiple properties; purchaser and mortgagee rules appear separately.

Section 56Section 81

Lease

Transfer of a right to enjoy immovable property on the terms described in section 105, not ownership itself.

Section 105

Donor / donee

The giver and recipient of a gift; acceptance and its timing are essential under section 122.

Section 122

Actionable claim

A defined category in section 3, not every lawsuit or secured debt; section 130 governs its transfer.

Section 3Section 130

Original educational explanations and fictional examples; not individual legal advice or property-title verification.

Official statutory reference: Government of India reference, hosted by Andhra Pradesh High Court