Law of sale, lease and mortgage

Abstract

The Law on Sale, Lease and Mortgage of immovable property are put in the Transfer of Property Act, 1882, along with several other themes. There is a separate Act on sale of goods but none for these important subjects, affecting everyday life and experiences. The book gives exclusive attention to the subject. It is written very differently from the other books.

Law is about ideas and concepts. The book makes this as its central theme. It continually engages with concepts and develops them. Sale, lease and mortgage of immovable property are all special forms of contract. The book recognises this and builds the subject on the foundation of contract. Sale of immovable property is first a sale. The book builds it on the foundations of sale, drawing from the law of sale of goods. The law on sale, lease and mortgage of immovable property is drawn from common law. The principles governing these are generalised common sense. The book turns to common sense to develop the principles. Thus, the book develops the concepts by turning to common sense, contract law, law of sale of goods and other branches of common law