1. Property Law

2. Property Law
 Indefinite in point of user
 Unrestricted in point of disposition
 Unlimited in point of duration
Ownership can thus be described as the entirety of the powers
of use and disposal allowed by law, limited only by the rights
which have been detached from it

3. Property Law
 Juristically the term Property is used synonymously
with the right of ownership. The most comprehensive
and supreme right that can be exercised over anything.
 According John Austin Ownership is said to exist when
 The right is available against the whole world (jus in rem)
 Over a determinate thing
Continued ………….

4. Property Law
 Categories of property
 Moveable and immovable
 Moveable
 Transitory
 Liable to be consumed or destroyed in usage
 Not a subject of perpetual or uniform enjoyment
 Dealt with by the Sales of Goods Act
 Sale Of Goods include
 Stocks, shares , growing crops, grass and things attached to or forming part of
land which are agreed to be severed before sale or under the contract of sale
 Sale of Goods exclude
 actionable claims and money
Continued ………………………………….

5. Property Law
 Immovable
 Indestructible
 Capable of perpetuity
 Dealt with by the Transfer of Property Act
 Tangible and intangible
 Tangible
 It must necessarily be corporeal
 Intangible
 copy rights and patents

6. Property Law
 Sale and Agreement to Sell
 Section 4(1) A contract of sale of goods is a contract where by
the seller transfers or agrees to transfer the property in goods
to the buyer for a price such a contract maybe absolute or
conditional
 Section 4(3) An agreement to sell stipulates that where the
transfer of property is to take place at a future time or subject
to some condition thereafter to be fulfilled is an agreement to
sell

7. Property Law
Sale Agreement to Sell
 Transfer of Property
 An executed contract property  An executory contract transfer of
Passes from seller to buyer property takes place at a future time
immediately subject to conditions to be fulfilled
 Type of Goods  Mostly in case of future and contingent
 Only in case of existing and specific goods
goods
 Risk of loss  Loss falls on the seller even if the
 If the goods are destroyed the buyer goods are in the possession of the
bears the loss even if the goods are buyer
in the possession of the seller
Continued ………………………..

8. Property Law
Sale Agreement to Sell
 Consequences of Breach
 Seller can sue for the price even  Seller can only sue for damages not for
though the goods are still in his the price even though the goods are in
the possession of the buyer
possession
 Right to Resell  In the event of resale the buyer who
 Cannot resell goods (except in case takes the goods for consideration and
of unpaid seller under section without notice of the prior agreement
54/section 30) gets a good title. In such a case the
original buyer can only sue the seller
for damages
Continued ………………………..

9. Property Law
Sale Agreement to Sell
 General and particular property
 Creates jus in rem  Jus in personam i.e. gives the
right to the buyer to sue the
seller only for damages
 Insolvency of Buyer
 The seller is not bound to part
 The seller in absence of lien over
with the goods
the goods must return them to the
official receiver he can only claim a
rateable dividend for the price of
the goods
Continued ………………………..

10. Property Law
Sale Agreement to Sell
 Insolvency of Seller
 The buyer being the owner is  The buyer can claim rateable dividend
entitled to recover the goods from and not the goods because property in
the official receiver or assignee them has not yet passed to them

11. Property Law
Buyers Rights
 Right of examining the goods
 Acceptance of delivery
 If he intimates the seller that he has accepted the goods
 When time lap lapses without intimating the rejection
 Not bound to return rejected goods
 Resale of rejected goods
 Recover burden of expense in case of rejection

12. Property Law
Liability of buyer for neglecting or refusing the goods
 The seller should have been willing to deliver
 Should have asked buyer to take delivery
 The buyer should have neglected to take delivery after reasonable
time of request
 If the goods delivered to the buyer are in excess or less than the
quntity ordered the buyer can accept or reject whole or accept
only the quantity ordered in case of excess
continued ……….

13. Property Law
 Unless there is a contract to the contrary the buyer is not liable to accept goods
in installments
 Liability of insuring goods in Transit by sea
Duties of Buyer
 Take delivery and make payment
 To apply for delivery
 Take any risk of deterioration of goods in transit
 To give notice of rejection
 To Take Delivery within reasonable time
 To pay the price per contract
 To compensate for non acceptance in the event of a suit filed by the seller

14. Property Law
Rights of an unpaid seller
 Unpaid seller is when part or whole of the price has not been
tendered
 Lien on the goods for the price while he is in possession
of the goods
 In case of insolvency of buyer of stopping the goods in
transit
 Right to resale as limited by the act

15. Property Law
Unpaid seller’s lien
Can retain possession untill payment under following conditions
 Goods have been sold without any stipulation as to credit
 Where term of credit has expired
 Where buyer becomes insolvent
The sellers lien is applicable only when the goods are in his possession or in the
posession of his agent

16. Property Law
Transfer of moveable and immovable property
 Sale of goods act 1930 section 9
 Every kind of property can be transferred except under section 6 property that
cannot be transferred is
 Chance of an heir apparent
 Right of easement
 Interest restricted in enjoyment
 Public offices and salaries
 Mere right to sue
 Stipends and pensions
 Occupancy right of a tenant

17. Property Law
 Doctrine of election (Section 35)
 Where a deed bestows a benefit on a person he cannot accept the benefit
and reject the burdensome provisions under the deed
 Doctrine of Lis Pendens or life Pendente (Section 52)
 A immovable property disputed in court can be dealt with only under the
authority of the court
 Document of fraudulent transfer (Section 53)
 Every transfer made with the intent to delay or defeat creditors of the
transferors is voidable at the option of the transfereee

18. Property Law
 Sale of immovable property ( section 54 to 57 )
 Only by a registered instrument
 Delivery of possession
 Marshalling by subsequent purchaser ( section 56 )
 The purchaser of mortgaged property has the right to have the mortgage satisfied out
of the property or properties not sold to him
 A charge on property can be extinguished by a decree of the court and by the
act of the parties
 Lease
 Transfer of right to enjoy some immovable property for some period of time on
payment of some rent or premium or both
 Exchanges Gifts and actionable claims

19. Thank you !