The Transfer of Property ACT

S.No.List of DoctrinesMeaningSection Number
 1Doctrine of Constructive NoticeWhere 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
 2Animo AttestandiIntention to attestSection 3
 3Quidcquid Plantatur solo, solo ceditWhatever is planted in or affixed to the soil, belongs to the soilSection 3
 4Quidcquid inaedificcatur solo, solo ceditIt 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. 
 5Alienation rei prefertur juri accrescendiLaw favours alienation and not accumulationSection 6
 6Nemo est heres viventisA living person does not have any heirSection 6
 7Nemo dat quad non habetNo one can transfer a better title then he himself hasSections 7, 41, 42, 43 and 44
 8Doctrine of Double PossibilitiesThe 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
 9Rule against PerpetuityNo 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
 10Rule against remoteness of vestingIt is another name for rule against perpetuity.Section 14
 11Doctrine of Failure of Prior InterestIn 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
 12Doctrine of AccumulationA 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
 13Real Property RuleA 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
 14Doctrine of AccelerationIf 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
 15Doctrine of Conditional LimitationIt is a limitation which divests an interest and vests it subsequently in another person.Section 28
 16Martland’s RuleSection 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
 17Rule of ConscienceThe rule of election is based on an equitable principle that no one is allowed to approbate and reprobate at the same time.Section 35
 18Doctrine of ElectionIf 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
 19Qui sentit commodum, deber et sentire onusHe who deserves a benefit ought also to bear a burdenSection 35
 20Doctrine of ContributionIt 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
 21Doctrine of ApportionmentIt deals with apportionment of periodical payments on determination of interest of person entitled.Section 36
 22Doctrine of Holding OutWhere 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
 23Feeding the Grant by EstoppelWhen 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
 24Assignatua Utitur Jure AuctorisAn assignee is clothed with the rights of his principalSections 41, 43
 25DominiumOwnershipSection 44
 26Duo non possunt in solido unam rem possidereTwo cannot possess one thing each in entiretySection 44
 27Doctrine of PriorityThe first mortgagee is paid first and the other subsequent mortgages are paid subsequently.Section 48
 28Qui prior est tempore potior est jureHe who is prior in time is stronger in rightSection 48
 29Doctrine of Lis PendensDuring the pendency of a suit no new interest or title should be createdSection 52
 30Pendente lite nihil innovatureDuring litigation nothing should be changedSection 52
 31Doctrine of Part PerformanceIf 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
 32Doctrine of MarshallingIt 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
 33Doctrine of ConsolidationWhen 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
 34Doctrine of Substituted SecurityIt is the right of the mortgagee to receive the proceeds of revenue sale or compensation on acquisition of the mortgaged property.Section 73
 35Doctrine of SubrogationAny 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
 36Redeem up, Foreclose DownWhenever there are more than one mortgagee, the later mortgagee can redeem only those prior to him and foreclose those after him.Section 94
 37Doctrine of MergerWhen a limited interest becomes absolute interest, there is merger because smaller interest merges with larger one.Section 111
 38Nemo potest esse tenens et dominus No man can be at the same time tenant and landlord of the same tenement.Section 111
 39Doctrine of Waiver of ForfeitureThe 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
 40Doctrine of Holding OverHolding 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
 41Qui sensit commodum debet et sentire onusHe who enjoys the benefit ought also to bear the burdenSection 127