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March 13, 2026Common Law World Review0 citations

Codified but not constrained: Recasting proprietary estoppel under the Indian Transfer of Property Act, 1882

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MBMahima BalajiKSKaustav Saha

Key Points

  • The research aims to clarify the principles of proprietary estoppel under the Indian Transfer of Property Act, emphasizing its independence from contract law.
  • Analyzed Sections 41, 43, and 53A of the Indian Transfer of Property Act, 1882.
  • Distinguished between contractual and proprietary invalidity.
  • Reconceptualized proprietary estoppel as generating substantive rights independent of contracts.
  • Established that prevailing interpretations improperly tie proprietary estoppel to contract law.
  • Highlighted the importance of recognizing proprietary estoppel as a mechanism for creating property interests in its own right.
  • Showed that maintaining doctrinal coherence is vital for the function of proprietary estoppel in Indian property law.

Abstract

This article revisits the foundations of proprietary estoppel under the Indian Transfer of Property Act, 1882 (TPA), by examining Sections 41, 43, and 53A. It argues that the prevailing interpretation of these codified forms remains unduly tethered to contract law. The article advances two core claims. First, it distinguishes between contractual invalidity – where an agreement is void under the Indian Contract Act, 1872 (ICA); and proprietary invalidity – where the interest itself is incapable of transfer under the TPA. Preserving this distinction, it is argued, is essential to maintaining the doctrinal coherence and function of proprietary estoppel in Indian property law. Second, the article reconceptualises proprietary estoppel under the TPA as generating substantive secondary rights, independent of contractual enforceability. Taken together, these claims position proprietary estoppel not as a contractual adjunct but as a distinct mechanism for the creation of proprietary interests within Indian law.

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Cite This Study

Balaji et al. (2026) studied this question.

synapsesocial.com/papers/69b3acf302a1e69014ccf0ffhttps://doi.org/10.1177/14737795261430768
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