See dude, basically title of a particular property is indeed the most important factor which provides you a right over your property. The most important important application of “Title” comes into picture when you Transfer, sale, mortgage, and lease someone your property. When you are transferring your property to someone absolutely, then you are transferring the title to him so that he would be able to enjoy the property without any restrictions.

Take a case of ostensible owner who transfer a property to another person, there certain liabilities and rights which are available to both ostensible owner, real owner and purchaser. Cases of fraud, cheat and not taking reasonable care comes into picture. Because, when you are selling some property, you are selling the title. There are certain section ( around 50, i dnt remember exactly) on the rights and liabilities of seller and purchaser. U will get those sections around 50 only.

next important area is mortgage. Whether it is Simple or Conditional or English or Anomalous any of the rest of the two, title of the mortgagor is very important. Because, what you are keeping as security must be yours. There are certain rights and liabilities of mortgagor and mortgagee which u will find around 60-62 .

Another are is lease. Because, when you are providing your property to someone for lease, you have to make sure that you have title which you are providing to another person for a certain period with reversionary rights, so that lessee would be able to enjoy the property for that certain period. section you would get around 106-107

Sorry buddy, I dont remember the sections.

Thank You,

1st year Student, NUJS

To Mr. Apoorv and 1st yeat student (since no name given)

Addressing the 1st year student, i would say ur correct in stating all u have stated. But then u could have wrapped up the issue by mentionig Section 8 firstly.

No person can transfer greater title then what he actually has/possesses.

Addul Azeez case AIR 1989 SC 553, 554-557.

So when u have title u pass no tile to another. But regarding S 43 it can be said to be a exception. plz refer also N. SRINIVASA RAO versus SPL. COURT UNDER A.P. LAND GRABBING (PROHIBITION) ACT

Regards Contact: (adv_knb[at-the-rate-of]yahoo[dot]com

) Adv. K N Bhattacharyya

Gauhati High Court &

Supreme Court

Chamber No. 14

What is the appropriate court of 1st instance for suits file for eviction of tenants under the Transfer of Property Act?