S.No. | List of Doctrines | Meaning | Section Number |
1 | Doctrine of Constructive Notice | Where a person actually does not know about a fact but the court treats that under the circumstances he must be deemed to have knowledge of that fact, the notice is constructive. | Section 3 |
2 | Animo Attestandi | Intention to attest | Section 3 |
3 | Quidcquid Plantatur solo, solo cedit | Whatever is planted in or affixed to the soil, belongs to the soil | Section 3 |
4 | Quidcquid inaedificcatur solo, solo cedit | It means that whatever is built into or embedded into or attached to soil becomes part of the earth and consequently whoever is the owner of that piece of land will also become owner of the thing attached or embedded in it. | |
5 | Alienation rei prefertur juri accrescendi | Law favours alienation and not accumulation | Section 6 |
6 | Nemo est heres viventis | A living person does not have any heir | Section 6 |
7 | Nemo dat quad non habet | No one can transfer a better title then he himself has | Sections 7, 41, 42, 43 and 44 |
8 | Doctrine of Double Possibilities | The rule is that a person disposing of property to another shall not fetter the free disposition of that property in the hands of more than one generation. | Section 13 |
9 | Rule against Perpetuity | No transfer of property can operate to create an interest which is to take effect after the life-time of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong. | Section 14 |
10 | Rule against remoteness of vesting | It is another name for rule against perpetuity. | Section 14 |
11 | Doctrine of Failure of Prior Interest | In a transfer of property for the benefit of a person or of a class of persons if prior interests fails under Section 13 or 14, the subsequent interest (which is created in the same transaction) also fails. | Section 16 |
12 | Doctrine of Accumulation | A direction for accumulation of income of any property means restraining the free enjoyment of its incidental benefits such as rents, produce or profits. | Section 17 |
13 | Real Property Rule | A transfer of property in which there is creation of a prior interest followed by a subsequent contingent interest, after the termination of prior interest the property is made to vest subsequently in another person upon the happening of an uncertain event. If the subsequent contingency does not happen before termination of the prior interest, the interest would have to remain in abeyance (void). | Section 23 |
14 | Doctrine of Acceleration | If two interests are created in the same transaction the upon the failure of the first interest, the subsequent interest takes effect even though the failure of the first interest was not in the manner intended by transferor. | Section 27 |
15 | Doctrine of Conditional Limitation | It is a limitation which divests an interest and vests it subsequently in another person. | Section 28 |
16 | Martland’s Rule | Section 29 provides that a condition subsequent which is given in Section 28, upon the fulfillment of which the second transfer is to take place, must be strictly fulfilled. | Section 29 |
17 | Rule of Conscience | The rule of election is based on an equitable principle that no one is allowed to approbate and reprobate at the same time. | Section 35 |
18 | Doctrine of Election | If any transaction confers certain benefits to a person and also imposes certain liabilities then the person should either choose the whole transaction or reject the whole. He cannot be allowed to retain the beneficial part of it and reject the liabilities. | Section 35 |
19 | Qui sentit commodum, deber et sentire onus | He who deserves a benefit ought also to bear a burden | Section 35 |
20 | Doctrine of Contribution | It provides that if the tenant knows that property is bought by several co-sharers, he should not pay the rent to just one of them or to all of them in equal shares, but must pay rent to each of them in proportion to their contribution. | Section 36 |
21 | Doctrine of Apportionment | It deals with apportionment of periodical payments on determination of interest of person entitled. | Section 36 |
22 | Doctrine of Holding Out | Where a man allows another to hold himself out as the owner of the estate and a third person purchases it for consideration from the ostensible owner, the man who allowed the other to hold himself out shall not be permitted to go back on this statement. | Section 41 |
23 | Feeding the Grant by Estoppel | When a person who has no authority to transfer immovable property professes to transfer it, he is estopped from denying the transfer when subsequently acquires the authority. | Section 43 |
24 | Assignatua Utitur Jure Auctoris | An assignee is clothed with the rights of his principal | Sections 41, 43 |
25 | Dominium | Ownership | Section 44 |
26 | Duo non possunt in solido unam rem possidere | Two cannot possess one thing each in entirety | Section 44 |
27 | Doctrine of Priority | The first mortgagee is paid first and the other subsequent mortgages are paid subsequently. | Section 48 |
28 | Qui prior est tempore potior est jure | He who is prior in time is stronger in right | Section 48 |
29 | Doctrine of Lis Pendens | During the pendency of a suit no new interest or title should be created | Section 52 |
30 | Pendente lite nihil innovature | During litigation nothing should be changed | Section 52 |
31 | Doctrine of Part Performance | If a person has taken possession of an immovable property on the basis of a contract of sale and has either performed or willing to perform his part of the contract then he cannot be disposed from the property on the ground that the sale is not complete and the title has not passed. | Section 53A |
32 | Doctrine of Marshalling | It provides that if the owner of two or more properties mortgages them to one person and then sells one or more of the mortgaged properties to another person then the buyer is entitled to claim that the mortgage debt be satisfied from the property which is not sold to him. | Sections 56 and 81 |
33 | Doctrine of Consolidation | When two or more mortgages have been made to the same mortgagee, the mortgagee may require the mortgagor to redeem all the mortgages in a consolidated or combined form. | Section 61 |
34 | Doctrine of Substituted Security | It is the right of the mortgagee to receive the proceeds of revenue sale or compensation on acquisition of the mortgaged property. | Section 73 |
35 | Doctrine of Subrogation | Any person other than the mortgagor or co-mortgagor, who having interest in the mortgaged property and who redeems the mortgage, is entitled to be substituted in place of the mortgagee. | Section 92 |
36 | Redeem up, Foreclose Down | Whenever there are more than one mortgagee, the later mortgagee can redeem only those prior to him and foreclose those after him. | Section 94 |
37 | Doctrine of Merger | When a limited interest becomes absolute interest, there is merger because smaller interest merges with larger one. | Section 111 |
38 | Nemo potest esse tenens et dominus | No man can be at the same time tenant and landlord of the same tenement. | Section 111 |
39 | Doctrine of Waiver of Forfeiture | The determination of lease by forfeiture is waived, either by acceptance of rent, by distress of such rent or by any other act on the part of the lessor showing an intention to treat the lease as subsisting. | Section 112 |
40 | Doctrine of Holding Over | Holding over is a situation where a lessee remains in possession after determination of the lease and lessor accepts the rent or otherwise assents to his possession then. | Section 116 |
41 | Qui sensit commodum debet et sentire onus | He who enjoys the benefit ought also to bear the burden | Section 127 |