📚 Top 8 Doctrines under the Transfer of Property Act, 1882

 📚 Top 8 Doctrines under the Transfer of Property Act, 1882

📌 Doctrines Explained

1️⃣ Doctrine of Notice – Section 3
A transferee with knowledge of another’s prior rights loses the protection of a bona fide purchaser.
👉 Covers actual, constructive & implied notice.

2️⃣ Doctrine of Lis Pendens – Section 52
Any transfer made during an ongoing legal dispute is subject to the final outcome of that dispute.
👉 Prevents property transfers from defeating court authority.

3️⃣ Doctrine of Fraudulent Transfer – Section 53
A transfer made with intent to defeat or delay creditors is voidable at the option of the defrauded party.
👉 Focuses on fraudulent intention.

4️⃣ Doctrine of Part Performance – Section 53A
When the transferee has possession and is ready to perform the contract, the transferor cannot reclaim the property.
👉 Protects equitable rights of possession.

5️⃣ Doctrine of Election – Section 35
If a person gets a benefit under a document, they must also accept its obligations.
👉 One must choose – accept the whole or reject it entirely.

6️⃣ Doctrine of Priority – Section 48
When multiple rights are created on the same property, earlier rights get priority.
👉 First in time, first in law.

7️⃣ Doctrine of Estoppel (Feeding the Estoppel) – Section 43
A person who sells property without owning it, but later acquires it, must honor the earlier transfer.
👉 Protects innocent transferees.

8️⃣ Doctrine of Ostensible Owner – Section 41
If a real owner allows another to appear as the owner, he is bound by that person’s valid transfer to a third party acting in good faith.
👉 Requires consent + good faith purchase.

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