Property Transfer Rules and Exceptions in Asulia Farm Transactions

ELECTION ELECTION Profess to Elector Owner Transferor Transfer a Transferee To Mamun Joy Farm in Asulia Ridoy

1. First Rule 1. First Rule A person wants to transfer property who has no right to transfer same He confers any benefit as a part of transaction to the owner of property Owner must elect either to keep the property to him or take the benefits If he decides to keep the property then he shall forfeit the benefit The benefit so relinquished reverts to the transferor or hid representative Whether the Transferor does or does not believe that which he wants to transfer to be his own is not fact here.

2. Second Rule 2. Second Rule Mamun Whether the transfer is gratuitous Ridoy Joy Elector Owner Transferee Transferor Died or Incapable of making transfer A farm in Asulia of Rs. 800 And whether is for consideration Entitled to compensation

Whether the transfer is gratuitous and is for consideration Transferor died or become incapable to transfer before transfer Transferee is entitled to compensataion

3. Third Rule Joy A firm in Asulia to Gives 1 lac taka to Mamun s Son Gifts And Transferor Ridoy Transferee Mamun Owner of Farm

The benefit must be directly conferred upon the owner of property Otherwise he is not subject to elect

4. Fourth Rule 4. Fourth Rule Joy A farm in Asulia to Gives 1 Lac Taka to Mamun s Minor Son Gifts And Transferor Ridoy Transferee Mamun Owner of Farm

A person who takes benefit in his own capacity may in another dissent therefrom under the transaction.

1. Exception Rule one 1. Exception Rule one A particular benefit is expressed to be conferred on the owner And such benefit is expressed to be in lieu of that property If such owner dissent the transfer then will relinquish the expressed benefit not other benefit conferred upon him by the same transaction

Joy Gives 1 lac taka, One Motorbike and one Car Only one lac taka is expressed to be in lieu of Farm and Professes to Transfer a Farm in Asulia Mamun Transferor Motorbike and car is not expressed benefit of that transaction.

2. Exception Rule two 2. Exception Rule two Acceptance of the benefit by the concerned person constitutes an election to confirm the transfer Subject to be aware of his duty to elect and circumstances which may influence his judgement Or if he waives enquiry into the circumstances Dillon vs. Parker 1819

3. Exception Rule three 3. Exception Rule three (Presumption Rule) (Presumption Rule) If the benefit has been enjoyed for two years without doing any act of dissent then it is to be presumed that he had the knowledge or waived enquiry

4. Exception Rule Four 4. Exception Rule Four If he has done any act which renders impossible to place the person in the property professed to be transferred in the same condition as if such act had not been done, then it is to be said that the benefit has been accepted.

Joy Coalmine to Mamun takes possession of coalmine Gives Transferor Mamun Owner Exhausts it

5. Exception rule 5 5. Exception rule 5 ( Requisition to Elect) ( Requisition to Elect) If owner elector does not elect or dissent within one year of transfer , the transferor may upon the expiration of that period require to make his election and if he does not comply within reasonable period after he received then he shall be deemed to have elected to confirm the transfer.