Doctrine of Notice:
Notice is considered as a knowledge of fact as per law. Notice under the transfer of property act is on the presumption of law that the person knows the fact. He cannot afterwards say against it.
Notice as per section 3 of the Transfer of Property Act:
“"a person is said to have notice" of a fact when he actually knows that fact, or when, but for willful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it.”
Some of these type of notices are as follows:
a.Notice imputed by wilful abstention from enquiry
b.Notice from gross negligence
c.Notice by registration
d.Notice by possession
e.Notice by agent
Notices can be of two types:
A.Actual notice:
Where the person acquires actual knowledge or information of a fact is known as actual notice.
Essentials of actual notice:
a.The person must actually know the definite facts about the information in the notice
b.It should neither by a vague rumour not it should just be suspicion
c.The information must be with respect to the property which is under transfer
B.Constructive notice:
Constructive notices are more of implied notices.Constructive notices can be considered as the knowledge which the court imputes to a person upon a presumption that it cannot be rebutted that the knowledge must be obtained. Not having any Knowledge of such things cannot be a defense.
In the case of Jogendra v. Dwarkar the court observed that:
Where a person wilfully refuses to recieve a registered letter sent to him by post he cannot plead that he was not aware of the contents of the letter because he himself willfully refused to take the letter.