Doctrine of Election Statutory Provision Section 35 of the Transfer of Property Act, 1882 lays down the Doctrine of Election. Meaning The term Election means to select between two alternative or inconsistent rights. Section 35 provides that, when a person who is a stranger to the property or having no authority over the property transfers […]
Rule against Perpetuity Statutory Provision Section 14 of the Transfer of Property Act, 1882 provides for the Rule against Perpetuity. Meaning The term perpetuity means an indefinite period. Thus, this rule is against the transfer which makes property inalienable for an indefinite period. The rule has come into existence because the law is not in
Lis Pendens Statutory Provision The provisions relating to Lis Pendens have been enumerated under Section 52 of the Transfer of Property Act, 1882. Meaning Lis Pendens means pending litigation. It implies that during the pendency of any suit regarding title of a property, no new interest in respect of that property should be created. The