A orally grants to B the rights to catch and carry away fish from his lake for ₹1,000 but later on A backs out. What is the remedy for B under the Transfer of Property Act, 1882?
CS Executive · Economic and Commercial Laws · PYQS · June 2021
A orally grants to B the rights to catch and carry away fish from his lake for ₹1,000 but later on A backs out. What is the remedy for B under the Transfer of Property Act, 1882?
Answer & Explanation:
The Supreme Court in Ananda Behra v. State of Orissa, (1956) SCJ p. 96 , observed that such a right is a benefit arising out of immoveable property namely the lake. So under General Clauses Act it is immoveable property. The sale requires a registered instrument for its validity under Section 54 of the Transfer of Property Act, 1882. Therefore, the oral grant is invalid and cannot pass any title in favour of B.
Topics: Transfer of Property Act, 1882
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