Scribd
Upload
52 views

Fraudulent Transfer (S 53)

The document discusses fraudulent transfers under Section 53 of the Transfer of Property Act. It outlines that a transfer of immovable property made with the intent to defeat or delay creditors is voidable at the option of any creditor who is defeated or delayed. However, the rights of a transferee in good faith and for consideration are not impaired. It also discusses exceptions, burden of proof, presumption of fraudulent intention, sham transfers, representative suits, preference to one creditor, and transfers without consideration to defraud subsequent transferees as addressed by Section 53(2) of the Act.

Uploaded by

Saurabh Raj
Copyright
© © All Rights Reserved
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
52 views

Fraudulent Transfer (S 53)

The document discusses fraudulent transfers under Section 53 of the Transfer of Property Act. It outlines that a transfer of immovable property made with the intent to defeat or delay creditors is voidable at the option of any creditor who is defeated or delayed. However, the rights of a transferee in good faith and for consideration are not impaired. It also discusses exceptions, burden of proof, presumption of fraudulent intention, sham transfers, representative suits, preference to one creditor, and transfers without consideration to defraud subsequent transferees as addressed by Section 53(2) of the Act.

Uploaded by

Saurabh Raj
Copyright
© © All Rights Reserved
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
You are on page 1/ 2

Lecture

30
Transfer of Property
(General Principles of Transfer of Property)
Fraudulent Transfer (s 53)
 General principle
 Essentials of section 53 (1)
– transfer of immoveable property
– made with intent to defeat or delay the creditors of the transferor
– voidable at the option of any creditor so defeated or delayed
 Exceptions
– Nothing in this sub-section shall impair the rights of a transferee in
good faith and for consideration.
– Nothing in this sub-section shall affect any law for the time being in
force relating to insolvency.

Slide-1 10/03/2015
Lecture
30
Transfer of Property
(General Principles of Transfer of Property)
 Burden of proof
 Presumption of fraudulent intention
 Sham transfers
 Representative suit
 Preference to one creditor
Musahur Sahu v Hakim Lal (1915) 43 Cal 521:
32 IC 343 PC.
 Transfer without consideration to defraud
subsequent transferee (s 53 (2))
o Essentials of section 53 (2)
Slide-2 10/03/2015

You might also like