Transfer of Property

THE TRANSFER OF PROPERTY ACT, 1882 PERSONS COMPETENT TO TRANSFER (Section-7 ) Submitted by: Ananya mohapatra BBA-LLB (A) 5th Semester 1082015 PERSONS COMPETENT TO TRANSFER (Section-7) Every person competent to contract and entitled to transferable property, or authorized to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in the manner, allowed and prescribed by any law for the time being in force.Who is a Transferor? Every person who is competent to contract as per the Indian Contract Act is also competent to transfer a property provided that he is authorized to transfer it as per the law. The term â€Å"authorized† needs to emphasize. If transferor is not owner of the property he purports to transfer he must show that he is otherwise authorizes by law to transfer the property. Who is a Transferee? As far as a transferee is concerned th ere is no such requirement that he must be competent to contract.So, a minor, lunatic- all they can be transferees. However, a few limitations are there. First in the lease of lease both transferor and transferee have to be major or otherwise competent to make contract. Second, if a gift is made to a minor, it has to be accepted by its guardian. Apart from these, there may also be some special provisions which attach some (dis)qualification to a person wanted to be a transferee. For Eg: S. 136 of the T. P. Act provides that officers of the court including judges and advocates cannot be assignee of actionable claims.COMPETENT TO TRANSFER Under S 6(h) (3), any person is competent to be a transferee, unless legally disqualified. This section deals with the competency of a transferor. The transferor must be- a) competent to contract; and b) have title to the property or authority to transfer it if not his own. COMPETENT TO CONTRACT This is the same condition as is enacted by S 7 of the Indian Trusts Act, 1882 for the creation of a trust. S 11 of the Indian Contract Act 1872 defines the capacity to contract.The power to transfer must depend upon the power to contract, for without an antecedent contract to give and take; there can be no transfer at all. MINOR AS A TRANSFEROR The transferor must have attained the age of majority according to the law to which he is subject. The Privy Council held that a contract by a minor is void and so therefore the transfer by a minor is also void. Although a minor is not competent to transfer, yet a transfer to a minor is valid. LUNATIC AS A TRANSFEROR Under S. 2 of the Indian Contract Act 1872, a person is of sound mind for the purpose of making a contract if he is capable of understanding and of forming a rational judgment as to its effect upon his interests. A contract made by a lunatic is void under the Indian Contract Act 1872, and so also a transfer by him of his property is void. Disqualified to contract A statutory disqual ification to contract imports, as in the case of a minor, inability to transfer. Such a disqualification ensues when the owner’s property is under the management of the Court of Wards, or of an officer appointed under Encumbered Estates Act.A judgment debtor whose property is being sold in execution by the collector is also incompetent to alienate. Oral Transfer: Formalities of a Transfer Section 9 of the TP Act states that in every case where writing is not required a transfer can be made orally. The meaning is that if writing is not required by Law- property can be transferred by delivery of possession of the property. Pre-requisites of a valid transfer: 1) Property must be transferable S. 6 2) Transferor must be competent to contract and should not be disqualified under any special law S. 3) Transferee should also not be qualified under special law S. 7 4) Legal formalities required by law should be fulfilled S. 9 5) Consideration and object of transfer should not be contr ary to law or public policy S. 6(h) (A person’s conduct in collecting rents and managing an estate of the landlord does not empower him to transfer the land as the landlord’s agent; Balai Chandra Mondal v. Indurekha Devi, AIR 1973 SC 782. ) ____________________________________________________________________

Epistemology and the Legend of the Sphinx in Oedipus Rex Research Paper

Epistemology and the Legend of the Sphinx in Oedipus Rex - Research Paper Example The idea of pharmakos in Oedipus Rex is embodied in the interaction between the sphinx and Oedipus and how the sphinx guards and reveals knowledge. Pharmakos is the idea that there is a duality to things; that an item can be both a cure and a poison. The sphinx is used as a pharmakos in Oedipus Rex because not only does her physical appearance portray a duality, but also her riddles conceal knowledge in their ambiguity, but also in a sense, reveal truth concerning Oedipus and the Greek society. Epistemology Epistemology can be defined as the branch of philosophy that looks at the nature, origin, methods, as well as limits of human knowledge. It seeks to answer the question of how to distinguish true knowledge from false knowledge. One of the outstanding epistemological problems in Oedipus Rex is the ambiguity presented in terms of the nature and extents of Oedipus’ knowledge about his true origins (Carel 103). Many philosophers have argued that Oedipus may have been too ignora nt to figure out facts about his past. However, at the beginning of the play, his intelligence is well portrayed when he is the only man who has the ability to solve the riddle of the sphinx. This ambiguity brings forth the vagueness of the extent to which Oedipus can and should be held responsible for his actions, which are: killing his biological father and marrying his own mother. Sophocles tells the story of Oedipus in reverse: he starts with the ending and goes to explain how it happened. According to the oracle, the plague that has befallen Thebes will find no cure until the person responsible for the murder of King Laius is found and expelled from the city. Oedipus starts an investigation to reveal the murderer, but this investigation quickly turns into an investigation of Oedipus’ real identity. Initially the epistemology lies around finding an answer to the question â€Å"who did it†, but this changes course to the question â€Å"who am I?† (Foster 22)T he psychological journey of discovery takes up much of this story. Knowledge is supposed to end with gratification and satisfaction. However, in this story, epistemology led to a discovery that was more tragic than the events that led to the discovery itself. The Sphinx The word sphinx comes form the Greek verb which when translated means â€Å"to squeeze† or to tighten (Gosse 65). Some historians however argue that the word is a corruption of the Egyptian word â€Å"shesepankh† which translates to â€Å"living image† (Zivie-Coche and Lorton 9). In Greek mythology the Sphinx is represented as having a serpent’s tail, a lion’s hunches, a large bird’s wings and a woman’s breast and face. This malevolent creature is normally characterized as being merciless and treacherous. She is the demon of bad luck and destruction and kills and mauls those who fail to correctly answer her riddle. According to myths, the sphinx was the guardian of the gates into the City of Thebes. To be allowed entry, one had to correctly answer her riddle. The riddle is â€Å"which creature has four legs in the morning, two at midday and three in the evening, and the more legs it has, the weaker it is? It is said that no man had ever been able to give a correct answer to the riddle (10). Oedipus was the only one who gave the correct answer which was ‘man’. After Oedipus gave the correct answer, the sphinx is said to have been infuriated and she killed herself. The original purpose of the sphinx

THE REALCO BREADMASTER & A BUMPY ROAD FOR TOYOTA Research Paper

THE REALCO BREADMASTER & A BUMPY ROAD FOR TOYOTA - Research Paper Example Table of master production schedule The forecasted inventory is ideally low whereas the available to promise figures are sparingly low for the first five weeks compared to the last three weeks. It is clear that Realco overpromised customers in the last three weeks of production. From the evidence, there are no products to supply to meet demand. This will eventually lead to high level of customer dissatisfaction as the customers are disappointed in the long run since their orders are not availed. From my point of view, Realco needs to re-evaluate its projection or the total production figures. This influences customer satisfaction and builds strong thrust between the organization and the customers since customers are not disappointed. In almost all organization customer satisfaction is the key to their success (Boston 102). Business organizations have systems, which enhances, close level of communications targeting customers in order to meet customers’ needs and demands. Customers are satisfied and hence the organization meets or maintains its growth target. This is made possible by establishing a strong relationship through networking as a marketing goal. When customers are satisfied, they would have no option but to remain loyal to the organization since all their demands and need are taken care off. This will eventually ensures the organization has a large customer base and has a bigger market share. As a critical success factor, Realco adheres to the needs of the customers. This can only be achieved by ensuring that target projection meets those of the customers. This will not only increase revenue but also improves customer loyalty. Jack’s focus on order promising is truly ideal and strategic. This is because it ensures that customers are not swayed to pick other products from his competitors. By virtue of giving an allowance of one week, ensures that in case of disruption of the production

The Strategies Used By Fitness First To Build and Sustain Competitive Essay

The Strategies Used By Fitness First To Build and Sustain Competitive Advantage - Essay Example It is evidently clear from the discussion that established in 1993, Fitness First has grown significantly through pricing strategies that outperform or are generically more attractive to consumers both price-sensitive and those looking for more value for their money. Whilst other competition position on quality, reputation or innovation, Fitness First has gained positive ground by appealing to the budgetary needs of its many target consumers. Fitness First maintains many weaknesses, most of which are related to marketing and promotional development, lack of a cohesive organizational culture, and an inability to remove supplier and buyer power in the market. Fitness First maintained losses in 2010 and 2011, indicating a problem with operational costs that continue to outpace revenue production. As such, in this highly competitive industry, marketing becomes a critical function for the company if it is to be sustainable into the future. Despite these weaknesses, strengths associated wi th proper celebrity endorsements and effective diversification of existing products and services to extend the life cycle of its offerings tend to offset some of the aforementioned weaknesses. It is recommended that Fitness First conduct ample market research to align service and product with changing consumer needs, work to build a more mission-focused organizational culture, and improve marketing prowess with more investment in promotion as a key competitive strategy (brand-building emphasis). Fitness First was launched in 1993 as a single, stand-alone gym in Bournemouth. Through a series of investments, acquisitions, and business model improvements, Fitness First has grown quickly to become one of the largest health club centers in the world. The privately-owned company now boasts over one million members in over 400 Fitness First clubs spread across the globe.

Quality management Assignment Example | Topics and Well Written Essays - 1000 words - 7

Quality management - Assignment Example Hence, it is important that clear decisions are made. But clear decisions cannot just be made literally. Clear decision making is done with the help of various means. In this case, the design of experiments as learnt in this course is one means through which clear decision making can be done. It avails the evidence, the observations, the conclusions and the factual evidence that is needed in decision making. This paper looks at how the design of experiments is involved in decision making in industrial settings, how it is involved in decision making for the purposes related to quality management and why, how, when it is done and its association with cost benefit analysis. From an industry perspective, it is evident that the competition amongst industries is stiff at all levels of competition. This coupled with the fast changing technological techniques for use in industries adds the pressure on industries to make decisions that are certain, based on evidence and facts. As learnt in this unit, the design of experiments is a vital decision making tool for evidences. As per the research conducted when undertaking the assignments, it was evident that one of the aims of industries is to locate the best possible production level. This was by taking all the factors involved in the production process into account and designing an experiment that would help the industry’s management to make the right decision on which factors to make use of. The DOE enables industries to come up with an appropriate model for production by utilizing the data of the factors obtained. This is part of the decision making process of industries. It was learnt that industries design experiments that include one to several factors that they think will have an effect on a response variable to evaluate if the said factors truly have an effect on the response variable. In industries, the decision making process involved the carrying out of experiments in a

Correction Essay Example | Topics and Well Written Essays - 250 words - 1

Correction - Essay Example oad majority of civil rights granted by the Bill of Rights and other fundamental determinants of United States law must be upheld in both the case of the general population and prisoners. One of the first and most important of these rights is with relation to the eighth amendment. In short, the eighth amendment prohibits the United States government from posting excessive bail or utilizing â€Å"cruel or unusual punishment† as a means of punishing/rehabilitating a particular criminal offense. This is perhaps the most important right and privilege of all as it was further defined by the Supreme Court in 1848 to preclude any form of inhumane treatment; of two and inclusive of those inhumane treatments that might not be capital in nature. This understanding has been upheld by subsequent courts such as the supreme court of Massachusetts which found that the state had violated the Eighth Amendment by keeping prisoners in an antiquated prison infested with rodents and insects (Owers, 2010). Although not specified within the Bill of Rights or elsewhere throughout the law, it is generally understood and upheld by the Supreme Court, and other courts for that matter, that prisoners should have the reasonable expectation of being free from abuse and/or exploitation; referenced in a 1996 Supreme Court case in which sexually abused female inmates were allowed a monetary payout as a result of a systemic program of abuse in one Missouri prison

Philosophical Argument Essay Example for Free

Philosophical Argument Essay â€Å"Something must first be said briefly about the moral subjectivism inherent in this analysis. Based on the above, it follows that some things could be immoral for some people and moral (or amoral) for others, since people vary in their values. For example, some people may possess a fundamental value for all animal life of any kind, which would entail not eating meat, not allowing suicide, nor even allowing the removal of life support for a brain-dead patient. But this value system would only exist for them, not for others. However, my analysis does not entail moral relativism in the usual sense, since it is also possible (and I believe it is the case) that some fundamental values are shared by all people, or very nearly all people (I allow some rare exceptions for the sociopath, who is generally regarded as having a mind alien to the vast majority of humankind, devoid of all ordinary moral sentiment). (Carrier)†   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The above argument contains two premises: 1) Some people value all forms of life; and 2) All people share some fundamental values. The conclusion is that: Morality is relative. The quoted passage is an example of argument because it expresses a claim which is being supported by the given premises. It can be said that morality is relative because people have different perspective about the value of life – (that while others do not admit any sort of action that would not promote life as morally permissible, others welcome the fact that every person has a right to make a decision about how he would like to treat his life or whatsoever). â€Å"From a point of view outside of this affair, the killing of a neurologically inactive fetus is no greater a harm than the killing of a mouse, and in fact decidedly lessa mouse is neurologically active, and though it lacks a complex cerebral cortex, it has a brain of suitable complexity to perceive pain (and I would argue that the mouse deserves some moral consideration, though less than humans). A fetus cannot perceive pain (and perception is not quite the same thing as sensation: sensation can exist without a brain, but perception cannot). The neural structures necessary to register and record sensations of pain transmitted by the appropriate nerves either do not exist or are not functioning before the fifth month of gestation. A fetus can no more feel pain than a surgical patient under general anasthesia, or a paraplegic whose lower-body nerves continue reacting to stimuli, but cease sending signals to the brain. And we have already established that a fetus does not contain an individual human personality of any kind, any more than a brain-dead adult does. With no perception of pain, and no loss of an individual personality, the act of abortion causes no immediate harm. (Carrier†   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The second passage is another example of an argument. It has three premises; 1) Fetus is neurologically inactive; 2) Fetus does not feel pain; 3) Fetus does not possess individual personality. The conclusion suggests that: Abortion causes no harm. Obviously, the established premises attempt to prove the conclusion. Since fetus cannot react to any form of stimuli as how a surgical patient or even a mouse does, hence the act of abortion does not inflict harm to the fetus. Work Cited Carrier, Richard C. Abortion is not Immoral and Should not be Illegal . 30 November 2005.  Ã‚   Internet Infidels. 31 February 2008  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://www.infidels.org/library/modern/debates/secularist/abortion/carrier1.html.