Part 1 dealt with concepts. Part 2 deals with movement: how a right in immovable property passes from one person to another, what formalities the law attaches to each mode of transfer, and how public records fit into the picture.
A recurring misunderstanding is worth stating at the outset. A registered document records that a transaction took place; a revenue entry records who is shown in possession or cultivation for fiscal purposes. Neither, standing alone, conclusively establishes title.
Contents
- Modes of transfer: sale, gift, exchange, lease, mortgage
- Formalities: writing, attestation and registration
- What registration proves — and what it does not
- Revenue records and mutation
- Agreements to sell and part performance
- Succession, partition and family settlements
- Practical checklist before a transaction
Key concepts
- Sale
- A transfer of ownership for a price. For immovable property above the statutory value, it requires a registered instrument.
- Mortgage
- A transfer of an interest in specific immovable property to secure repayment of a debt; ownership does not pass, only a defined interest.
- Lease
- A transfer of the right to enjoy property for a term, in consideration of rent, with possession passing but ownership remaining.
- Mutation
- Correction of the revenue record to reflect a change in the person recorded. It is a fiscal entry, not an adjudication of ownership.
- Agreement to sell
- A promise to transfer in future. It does not by itself transfer ownership, though it may support a suit for specific performance.
Topics covered
- Documentary requirements for each mode of transfer
- Difference between registration and title
- Mutation proceedings and their evidentiary weight
- Due diligence before purchase of agricultural or urban land
- Consequences of unregistered or informal arrangements
These notes are educational material prepared for general understanding of legal principles. They are not legal advice, are not exhaustive, and must not be relied upon in place of professional advice on a specific matter.