Notice, Transfer of Property Act, 1882
Actual Notice and Constructive Notice
1.Actual Notice
Direct or express knowledge about a fact is called constructive notice.
Actual Notice is binding on a party if it fulfills the following conditions -
1.Definite knowledge it should not be hearsay or rumours and must be of such a nature that it is expected out of a reasonable to take the notice seriously. .
Notice must be by a party interested in the transaction .
Notice must be relevant for the same transaction.
2. Constructive Notice
When there is no express information, but knowledge of a fact is presumed owing to the existence of certain circumstances, it is constructive notice.
In case of a constructive notice, the court presumes that under the given circumstances, the person ought to have had knowledge of the fact, and so the person is deemed to have knowledge of the fact, and a notice of the fact is imputed on him.
Conditions for constructive notice -
1.Wilful abstention from inquiry or search
2.Gross Negligence
3. registration as notice
only under some conditions registered document can serve as notice-
A. Document must be compulsorily registerable like gift of immovable
property.
B. It has been completed in accordance with the procedural requirement of Registrattion act.
C. Any transfer prior to registration not presumed.
4. Actual possession as notice.
4. Notice to agent is presumed as notice to Principal
Case laws -
Bipin v. Priyabratta 1921
In this case court observed : Constructive notice is the knowledge which the court imputed to a party upon a presumption so strong that it can not be allowed to be rebutted that knowledge must have been commutated.
Mohori Bibi v. D. Gliosh
Notice to agent is notice to principal
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