Doctrine of Cypress, Doctrine of Estoppel, Doctrine of Priority: In this article, we briefly discuss the doctrine of cypress, the doctrine of estoppel and the doctrine of priority the transfer of property act 1882. Section 26, section 43 and section 48.
Doctrine of Cypress, section 26 the Transfer of Property Act:
Cypress means as nearly as possible or other words substantially. Where the terms of contract impose the condition on the transfer of property the person can't take interest before fulfilling the conditions. If the person fulfils the condition or if the condition has become impossible to complete the whole condition of the contract. Then the person as nearly as possible trying to complete the condition of that contract. It's called the doctrine of cypress.
Illustration:
A give the property to B on a condition. B should marry with the consent of persons. They are C, D, E.
Between that three-person, one of them die, that is C. Now it's impossible to take consent from C. If B takes consent from D and E. Then the court thinks that B fulfil all conditions. It's called the Doctrine of Cypress.
Doctrine of Estoppel, section 43 the Transfer of Property Act:
Estoppel means to stop the person denying from his responsibilities and obligation. In the doctrine of estoppel means where an unauthorized person sells the property with consideration fraudulently or erroneously, and after that, the transfer acquires the interest of that property. On that time the contract also subsists. On that time the transferor can't deny from his obligation and responsibilities. And he or she can't say no to that contract. If trying to say that, then the court gives a decree to stopple.
Illustration:
A is a son of B. A make a deal with C to sell the property. But the property owner is B. On that property A has no ownership or title of that property. He fraudulently sells that property. Here B dies and heredity A acquires the ownership of that property. And on that time the contract between A and C is subsites.
Now A can't refuse to fulfil this contract. It's called the doctrine of Estoppel.
* This doctrine is not enforced when the contract is made without consideration.
* When the contract is opposed to public policy.
Doctrine of Priority, section 48, the Transfer of Property Act:
Priority of rights is created by transfer. Where a person transfers the same immovable property more than one or where a person makes a contract with more than one different parties about the same immovable property and the parties can't use that property together or it can't possible to take the possession of that property. Then here the party who first made a contract, the court give a decree on his or her favour. If all the party on that contract are registered, then who first made a contract he finds the priority. Because in the eye of law one who is first in time is better in law. After that who made a second contract about that property, he finds the priority. And after that the next person. This is called the doctrine of Priority.
Note: Here the contract made by three parties and first two parties contract are not registered, but the third or the last party contract are registered, then the court give a decision on the third party favour. And after that party who made the contract first and after that the next one. If all contract parties are not registered the party who made contract first The court give a decree on his site. It's called the doctrine of priority.
0 comments: