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Lecture - 3: (I) (Ii) (Iii)

The document discusses the definition and types of property transfers according to the Transfer of Property Act of 1882 in India. It defines transfer of property as an act by which a living person conveys property, either presently or in the future, to one or more other living persons. There are three main types of property transfers: (1) transfer of things like sale of a house, (2) transfer of rights in a thing like mortgage of a house, and (3) transfer of a debt. The document also outlines specific restrictions on what types of property can and cannot be legally transferred.

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Nusrat Shaty
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26 views

Lecture - 3: (I) (Ii) (Iii)

The document discusses the definition and types of property transfers according to the Transfer of Property Act of 1882 in India. It defines transfer of property as an act by which a living person conveys property, either presently or in the future, to one or more other living persons. There are three main types of property transfers: (1) transfer of things like sale of a house, (2) transfer of rights in a thing like mortgage of a house, and (3) transfer of a debt. The document also outlines specific restrictions on what types of property can and cannot be legally transferred.

Uploaded by

Nusrat Shaty
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Lecture – 3

Transfer of Property

Transfer of property is defined in section 5 of the Transfer of Property Act-1882


. It is said, transfer of property means an act by which a living person conveys
property, in present or in future to one or more other living persons and to transfer
of property is to perform such act.

In this section "living person" includes a company or association or body (of


individuals, whether incorporated or not, but nothing herein contained shall affect
any law for the time being, in force relating to transfer of property to or by
companies, associations or bodies of individuals.

The property is a term of a wide connotation and in the Act it has been used in any
one of the following senses-

(i) Tangible material things, e.g. land and houses.


(ii) Rights which are exercised over material things, e.g. right to enjoy
and possess right to sell or to make a gift of things.
(iii) rights which are not exercised over any material, e.g. a right to
repayment of a debt.

The word 'transfer' in the Act has also been used a. wide sense. It may , mean
either transfer of all the rights and interests in the property or transfer of one or
more of subordinate rights in the property.

The expression transfer of property may therefore imply any one of the following
things:

(1) Transfer of things, e.g. sale of a house.

(2) Transfer of one or more of the rights in a thing e.g. mortgage of a


house.
(3) Transfer of a debt.
What property may be transferred

According to section 6 of the TP Act-1882 property of any kind may be transferred


except as otherwise provided by this Act or by any other law for the time being in
force.

(a) The chance of an heir-apparent succeeding to an estate, the chance


of a relation obtaining a legacy on the death of a kinsman cannot
be transferred.
(b) A mere right of re-entry for breach of a condition subsequent
cannot be transferred to any one except the owner of the property
affected thereby
(c) An easement cannot be transferred apart from the dominant
heritage
(d) An interest in property restricted in its enjoyment to the owner personally
cannot be transferred by him

(dd) A right to future maintenance in whatsoever manner arising


secured or determined, cannot be transferred

(e) A mere right to sue cannot be transferred


(f) A public office cannot be transferred nor can the salary of a public
officer, whether before or after it has become payable
(g) Stipends allowed to military, naval, or force and civil pensioners of
the Government and political pensioners cannot be transferred
(h) No transfer can be made (i) in so far as it is opposed to the nature
of the interest affected thereby or (ii) for an unlawful object or
consideration within the meaning of section 23 of the Contract
Act, 1872, or (iii) to a person legally disqualified to be transferee.
(i) Nothing in this section shall be deemed to authorize a tenant
having an untransferable right of occupancy, the farmer of an
estate in respect of which default has been made in paying revenue
or the lessee of an estate under the management of a Court of
Wards, to assign his interest as such tenant, farmer or lessee.

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