The Transfer of Property Act

Year: 2023

Author: Mulla

This peerless work by Sir Dinshaw Fardunji Mulla is a section-wise commentary on the Transfer of Property Act, 1882. Now in its 90th year of publication, this legal classic continues to be the fundamental text on the subject, retaining its original style and structure. This new edition has been meticulously updated, focusing on the impact of relevant contemporary developments and key judicial decisions on the law of transfer of immovable property.

Key Features:

• Explains complex legal concepts with clarity and coherence

• Includes relevant legislative changes and important case law

• Contains detailed glossary of non-English terms, providing a holistic view of the subject to readers

• Delves into with important concepts like the applicability of the principle of lis pendens to properties dealt with by Mohammedans, issue of invalidation of sale on non-payment of a part of sale, interplay between sale agreements and the provisions of the Registration Act

• Examines the issue of transfer of trust property and the impact of Section 5 of the Transfer of Property Act

• Owing to refinements witnessed to the law of part performance, particularly in its interplay with the provisions of the Income Tax Act, the concepts of permissive and juridical possession for the purposes of the application of Section 53-A have been examined

• Effect of provisions of the Insolvency and Bankruptcy Code, 2016 on the law of mortgages has been examined on first principles and conceptual solutions have been provided

• Highlights the interplay of the Chapter V of the Transfer of Property Act with special legislations dealing with tenants who are holding over, taking note of the decision of the Supreme Court in Vidya Drolia v Durga Trading Corporation

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