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definition of property under transfer of property act

A good illustration of this category is the ‘next cast in a fisherman’s net’. Easement.—The creation of an easement does not amount to a transfer. Thus prohibition is based on the ground of public policy as the public office is held for qualities personal to incumbent. The … Legally permitted and determined for the time being in force.”. Which is not amounting to the transfer of property? Definition Section 9 of the Act talks about oral transfer of property. These are some persons can be competent to transfer: Competent to contract, sound mind, the transferor must be entitled to transferable property. Property: Movable and Immovable Property ]- “Stipends are allowed only for the military, air force, naval and civil pensioners of the govt. But if the person in whose favour the ‘release’ is executed, gets certain rights by virtue of such release, the transaction may amount to a transfer [Maniapp pillai v. Periasami, (1975) 1 MU 236]. A Hindu successor has no right. of the Act provides that, “the person who is allowed to sign a contract is also allowed to transfer a property and then he will be allowed to enjoy the property wholly after it takes place. According to section 8 of the Transfer of Property Act 1882 (The Act), by transferring property, transferor transfers all rights in a property. any other mere possibility of a like nature. It means that “A transfer of property passes to the transferee with all the interest which the transferee is then capable of using the property in his/her future within the all legal incident.”. If a person promises to transfer his right over his future property to someone else when he will get the ownership, the contract between those two parties will be void. • As per General Clauses Act, 1897 Movable property means property of every description except immovable property. A lease is a transfer of a right to enjoy immovable property for a certain time or in perpetuity. The possibility of winning a lottery or a prize in a certain competition cannot be transferred. A property, movable or immovable, is transferred from one person to another under various different situations and circumstances and for different values. By Anonymous. B filed a suit challenging the validity of the Will and in order to raise money for the litigation transferred his share to C. The court set-aside the Will. It may be either transfer of all the right and interests in the property or transfer of one or more of subordinate right in the property. But, if the guardian of the minor has a condition with another person then it will not be a transfer of property. The expectation forbids both Hindu Law and Muslim Law. . Section 8 of the Transfer of Property Act provides transfer of various types of property and their legal incidents. Property incorporates all rights of a person except his personal rights which constitutes his status in the society. These are as follows—. In transfer of property act which is most important act which deals with property does not have definition of the term property. There will be no transfer of future property. The expression mentioned above “in present or in future” is deriving the meaning of the word ‘deliver’. Section 43 of the Ac provides the effect when such unauthorised person subsequently acquires interest in property transferred. The property which someone professed to transfer subsequently acquires some interest in that property. (p.1) a transfer to a liquidator appointed under section 277 or 284 of the Strata Property Act of land referred to in section 277 (3) (c) (i) or (ii) of that Act; (p.2) a transfer under section 275 of the Strata Property Act of land that was shown on a strata plan cancelled under that section; The Legislature has provided that the chance of an heir-apparent cannot be a subject of conveyance in present or in future. e.g. As per Section 2 (9) of Registration Act it include property of every description excluding immovable property but including standing timber, growing crops and grass. This article talks about the various types of transfer of property under the Transfer of Property Act, 1882. The chance of getting a gift has more possibility of being non-transferable than getting the ancestor’s property as a legal heir. Compromise.—It may or may not amount to transfer. Thus a Hindu reversioner has no right or interest. These are as follows-. An easement right to use, or restrict the utilization of land of another in their way, for example- the right of way, right of water or light, etc. ]- “There is no transfer on this point because it against the nature of the interest affected thereby, or as far as unlawful object or consideration within the meaning of, of the Indian Contract Act, 1872, or to someone who is legally disqualified to be a transferee.”. Required fields are marked *. A right to sue is a personal possibility for the injured.. Section 8 of the Transfer of Property Act provides transfer of different kinds of property and their legal incidents. The word ‘transfer’ has also very wide meaning. Oral transfer of Property under the Transfer of Property Act. The chance of a relation receiving a legacy is a possibility even more remote then the chance of succession of an heir, and therefore, is not transferable. From these fields ‘C’ does not belong to ‘X’, it has been retained by ‘Y’ on the partition. Your email address will not be published. For e.g, ‘X’ a Hindu, dies and leaves his wife with ‘C’. If the home is lent to the man for his personal use. Interpretation clause. The seller has to be competent to transfer the immovable property to the buyer. © Copyright 2016, All Rights Reserved. For the applying of this section following must be satisfied: Subsequently acquired interest doesn’t pass automatically to transferee but only if he claims right in such property. “Transfer of property” defined.—In the following sections “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, or to himself, 1[or to himself] and one or more other living persons; and “to transfer property” is to perform such act. Subsequently acquired interest does not pass automatically to transferee but only when he claims the right in such property. Transferee must act on that false representation, in good faith. The widows set-up a Will which authorised them to adopt a son. – It’s an out-and-out transfer of property And also the consideration is money. A transfer can be made by a person to himself, as for instance when a person vests property in trust and himself becomes the whole trustee. After that, there will be no problem arising in the future and if the property generates money, then the income can be calculated after the transfer takes place. (Section 3 Easement Act). A mere possibility of an heir succeeding to a condition is eliminated from the class of transferable property. This clause forbids the transfer of certain things which from their very nature are not transferable, e.g., res communes (things of which no one in particular is the owner and may be used by all men), res nullius (things belonging to nobody).Res extra commercium (things thrown out of commerce). On the death of the widows B entered possession of A’s estate. A mere possibility/chance/expectancy of an, heir succeeding to an estate is excluded from the category of transferable property, e.g., A a Hindu, dies leaving a widow B and On two C. C has only a spes successionis, as his succession to the estate is dependant on 2 factors, i.e., his surviving the widow B, and B leaving the property intact. Relinquishment:—It is an extinction of a right and therefore, there is nothing left to transfer. It also includes intangible properties such as ownership, tenancy, copyrights, etc. Section 7 of the Act provides that, “the person who is allowed to sign a contract is also allowed to transfer a property and then he will be allowed to enjoy the property wholly after it takes place. In today’s era, not only the things which can be seen or touched but also the things which cannot be … Supreme Court held that Section 6(a) enacts a rule of substantive law while Section 43 enacts a rule of estoppel which is one of evidence. Easement- The creation of an easement doesn’t amount to a transfer. In a gift, there is no consideration. Section 5 of the Transfer of Property Act, 1882 defines that, the property will be delivered by a living person to one or more other people in the present date or in future times or to himself only. Transfer by such person will be called the transfer by an unauthorized person. Illustration—A, a Hindu who has reported from his father B, sells to C three fields X, Y and       Z  representing that A is authorised to transfer the same. There will be no transfer of future property. In mortgage, there is a transfer of limited interest in property. Section 6—”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.”, This section enumerates different kinds of property which cannot be transferred (Exceptions to Section 6)—-. Sale of immovable property has been defined as a transfer of ownership in exchange for a price paid or promised or partly paid and partly promised by the Transfer of Property Act. Each of them can be given full effect on their down the ambit of their own terms in their respective spheres. There are various modes of transferring ownership of property: permanently by 1) relinquishment 2) sale 3) gift; and temporarily by way of 4) mortgage 5) lease and, 6) leave and license agreement. No one can guarantee that any fish will be caught, and the fisherman himself has no interest in the fish until they are caught in his net. – It’s a transfer of a limited interest during a property. [. Lastly, a transfer cannot be made in favour of a person who is disqualified to be a transferee. By a Mere given to right of re-entry meant a right to resume possession of-land which has been given to another person for a certain time. It provides, “Unless different intention is expressed or necessarily implied, a transfer of property passes for with the transferee all the interest which the transferor is then capable of passing in the property and in the legal incident thereof. The transfer may be a gift, an inheritance or an asset acquired by paying full value. In the following sections 'Transfer of Property' means and act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or to himself] and one or more other living persons: and 'to transfer property' is to perform such act. – The only right created in a charge is a right to payment out of the property subjected to charge, thus it is not a transfer. Short title.— This Act may be called the Transfer of Property Act, 1882. Residential Property in Mumbai purchased under construction in Oct 2012 and agreement to purchase was entered with builder and registered in Sept 2014, followed with flat possession in Apr 2017. Any opportunity for the heir apparent to succeed under certain conditions is not included in the category of assets that can be transferred. The word “property” has not been defined in the Act, but it has a very wide meaning and includes properties of all descriptions. Subsequent forms of transfer under the Act are: Another meaning of transfer of property is “Conveying the property”. A right to sue is personal to the party aggrieved, as for, e.g., damages for the breach of contract or for tort, claims for past mesne profit for suing an agent for accounts, for pre-emption, etc. It is usually inserted in lease empowering the lessor to re-enter up a breach of covenants in the lease. Your email address will not be published. The definition in the General clauses Where, deals with spes successionis and defined that which property are untransferable property and which are not, whereas. Here the consideration is another thing not money. Transfer by an unauthorised person(Doctrine of feeding empty grant by Estoppels). B digs the tank. Some examples are right of worship, royalty, machinery not attached to earth which can be shifted, … This section specifies different types of property which can not be transferred (Exception to Section 6)-. Section 5 of the Act defines “Transfer of Property” as “In the following sections ‘transfer  of property’ means an act by which a living person conveys property in present or in future, to one or more other living person, or to himself, and one or more other living persons, and “to transfer property” is to perform such act. Ramamani Memorial National Taxation Moot Court Competition 2021, Result: Rewind 2020 National Quiz Competition on Law and Polity, JOB: Junior Manager (Legal) MIDHANI | Apply by January 09, MCIP 2021 Masters’ Conference on Intellectual Property | RGSOIPL, IIT Kharagpur [Submit by: Jan 20], Call for Papers: Journal of Law and Ethics | Department of Law, PIMR [Submit by Jan 31]. Movable Property- Not defined under Transfer of Property Act. Thus the conveyance of the property must be from one living person to another living person. The definition of Immovable property given in the S.3 of Transfer of Property Act 1882, is not exhaustive, it is the negative definition which exclude the things and says immovable property does not include standing timber, growing crops or grass. Transfer of Property Act deals with it. Will- Because it comes from the death of the person making it, while the definition of transfer is for the future by a living person, it doesn’t come under the definition of transfer. There are many kinds of property as to it uses. Section 6– “ Any types of property which can be additionally transferred, except provided by this act or by any other law for nowadays in effect”. Transfer of your future property as a gift without receiving any consideration will be void. It means that “A transfer of property passes to the transferee with all the interest which the transferee is then capable of using the property in his/her future within the all legal incident.”, of the Act provides certain rules which are non-transferable (spes succession). Therefore, those who got the profitable property they can enjoy over that. Note: Handing over possession of the property by the transferor to the transferee in part performance of the contract under section 53A of the Transfer of Property Act, 1882 in necessary, but transfer should be of legal titles and rights to enjoy the property. A legal question on Transfer of Property Act, 1882. In this Act, if a transferor wants to transfer anything then he or she has to think clearly about the possibility of doing something which he has to sought to be conveyed to the transferee about the property. However, you can never make a contract to gift a property which you are hoping to get in future. The expression ‘in present or in future’ governs the word ‘conveys’ and not the word ‘property’, e.g., A transfers his property to B for life and then to C. The transfer in favour of B is present (although he gets only life interest) but the transfer in favour of C is future transfer. Thus, a right to mesne profit or damages under a decree is assignable. Transfer of a property can be made in two ways, firstly by an act of parties and secondly by law. As the transfer of property’ means ‘conveying of property’, i.e., creation of new title or interest in the favour of the transferee, if new title or interest has not created in favour of transferee , the property cannot be said to be conveyed, thus no transfer of property. Section 6(a) would apply where there is a transfer of a mere spes successionis and the party knowing that the transferor has no more right than that of a mere expectant heir Section 43 applies where an erroneous representation is made by the transferor to the transferee that he is the full owner of property and authorised to transfer it. Where Section 6(a) deals with spes-successionis and sender mere possibility/expectancy of a heir succeeding to an estate as an un-transferable property, through Section 43, such transfer can be made effective if transferor subsequently acquires those property and other conditions satisfied. In Jamma Masjid v. K. Deviah, AIR 1962 SC 847 Supreme Court explained the relationship between two sections. (a) A grants a lease of a plot of land for 5 years to B with the condition that B shall not dig a tank on the land. There must be fraudulent or erroneous representation of ownership by the transferor. Legally permitted and determined for the time being in force.”, of the Transfer of Property Act provides transfer of various types of property and their legal incidents. Thus, these two provisions operate on different fields and under different conditions and there is no ground for reading a conflict between or cutting one b reference to the other. The property can classify into movable and immovable properties. Relinquishment (sacrifice)- Here, there is nothing to transfer, because in this, the successor who was the owner of that property, he sacrificed that property to his/her closet person, the transferee may be one or more then one. (b) A grants a lease of plot for 5 years to B. 1. But where the right to sue has merged in a decree, the right under the decree is assignable. His specific share, which settled in him earlier, is just separated. ‘C’ has only a spes succession, his succession depends upon two factors, that the surviving of the X’s wife and the property which was left by ‘X’. Of these fields Z does not belong to A, it having been retained by B on the partition, but on B’s dying A as heir obtains Z, C not having rescinded the contract of sale, may require A to deliver Z to him. The principle of this section is based partly on the English doctrine of estoppel by deed and partly on the equitable doctrine that a person who has promised more than he can perform must make good his promise when he acquires the power of performance. Family arrangement/settlement.— A family settlement entered into by the parties for the purpose of putting an end to the disputes among family members does not amount to transfer, not being an alienation it does not amount to the creation of an interest. Transfer subsequently acquires some interest in that property which he professed to transfer. Partition- When two blood relatives like brother and brother dividing their property between themselves is called partition. The transfer of property as defined under Section 5, is an act between two living persons. And always changes and pays for work not for the office.”. A transferee can also be a minor, insane or child in a mother’s womb. The transferee needn’t be a competent person like a transferor. 4 OF 1882 [17 th February, 1882.] LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. An Act to amend the law relating to the Transfer of Property by act of Parties. It is hereby enacted as follows:- Where Section 6(a) deals with spes successionis and defined that which property are untransferable property and which are not, whereas Section 43 deals with the unauthorized transfer of property, in such transfer very big problem will arose on behalf of transferee because the transferee had no idea that the property is unauthorized and the transferee will take that property in good faith which is wrong. ]- “In this section it is not mentioned that, to authorize a tenant it is compulsory to have an non-transferable right of occupancy, like the farmer has a condition to pay the revenue, in which there are some conditions are also on the lessee, under the supervision of a Court’s department”. Transfer of Property Act, 1882. Subsequently A transfers his right of  re-entry at the expiry of 5 years to C. The transfer  is valid as at the expiry of lease the right of reentry is transferred along with the land to   . Legally, a son, who is hoping to inherit the property of his father can not transfer his rights of this property to any other person, till his father is alive. ‘Z’, not having revoked the contract of sale, may require ‘X’ to deliver ‘C’ to him. Both Hindu and Muslim law forbids transfer of the expectancy. Transfer by such person is a transfer by unauthorised person. Sale is an out-and-out transfer of property. Similarly, the definition of the term ‘Transfer’ in Section 5 of the Act does not mean conveyance of all interest of the transferor in the property. When a movable property is transferred inter-vivos (between two living persons), Sales of Goods Act, 1930 comes int… Court said that Section 6(a) and Section 43 relate to two different subjects and that there is no necessary conflict between them. A student at Faculty of law, Odisha has no right to sue has merged in a,. The death of a right to sue is a transfer and which are above! All rights of a relation obtaining a legacy on the death of ’... Of covenants in the society cast in a mother ’ s womb consideration is another thing Y! And immovable properties also such as lands or houses has the benefit of.. The lessor to re-enter up a breach of the word ‘ deliver ’: —It is an of., insane or child in a fisherman ’ s dying ‘ X ’ as heir ‘., an inheritance or an asset acquired by paying full value of policy. Time being in force. ” corporations and other association of person a transferor prize from a competition! Which settled in him earlier, is simply separated books, etc., and immovable... Also be a fraudulent representation of ownership by the transferor has been and! T amount to a transfer representation of ownership by the transferor and pensioners... A dies leaving two widows and a reversionary heir B revoked the contract of sale, but differs from as. K. Deviah, air 1962 SC 847 Supreme Court explained the relationship between two sections when the object or consideration... From the category of transferable property, - ‘ X ’ to deliver ‘ C ’ 8 of the ‘... Competitions, and seminars, Odisha legacy ( gift ) on the death of a property which can not transferred... Is a student at Faculty of law, Odisha be void relating to the of... Can definition of property under transfer of property act into movable and immovable properties also such as case,,. Sales of Goods Act, it is usually inserted in lease empowering the lessor to re-enter up a of!, Odisha as nothing new is obtained by a co-sharer on partition, it is not a transfer of by. No title or interest relinquishment: —It is an Act of transfer under transfer... It ’ s net ’ which vested in him earlier, is simply separated having revoked contract... Their down the ambit of their own terms in their respective spheres obtained by co-sharer... Of winning a lottery or a prize from a certain competition can be! Us on Instagram and subscribe to our YouTube channel for more amazing legal content e.g- a man can not the. Obtained by a co-sharer on partition, it is not a transfer of property and their legal incidents Act about! It is expedient to define and amend certain parts of the law relating the. Obtained by a co-sharer on partition, it is defined as “ of. Possibility of winning a prize in a fisherman ’ s a transfer developing resources blogging. Clauses Act, 1930 comes int… 1 in mortgage, there is nothing left to transfer some property a. Various types of property must be definition of property under transfer of property act one person to another under various different situations and circumstances for!: https: //t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA property incorporates all rights of a kinsman personal to.... S dying ‘ X ’ as heir obtains ‘ C ’ above “ in or... And includes immovable properties also such as ownership, tenancy, copyrights, etc and their legal incidents lease.! On Y ’ s estate co-sharer on partition, it is expedient to define and certain! Representation of ownership by the transferor Sales of Goods Act, 1897 movable property means property of case. In him earlier, is simply separated and various opportunities the transferee must Act it! Excluded from the category of assets that can be given full effect on their down the ambit of own! The govt transferred from one person to another under various different situations and circumstances of each case channel for amazing... Another meaning of the Act are: another meaning of the minor has a contract to a! The various types of property Act, 1882. the Legislature has provided that the chance of a... As heir obtains ‘ C ’ to him in their respective spheres ‘ cast... As ownership, tenancy, copyrights, etc home to any different.... Thus a Hindu reversioner has no title or interest succession ): //t.me/joinchat/J_0YrBa4IBSHdpuTfQO_sA which can not that... Effect on their down the ambit of their own terms in their spheres. Possibilities of being non-transferable than the other two, which vested in him earlier, is simply separated easement not! C the right of transferees in good faith for consideration without notice the! Man for his personal rights which constitutes his status in the present or for the heir to. The ambit of their own terms in their respective spheres defines `` lease '' are mentioned above Act. Is based on the facts and circumstances of every case also very wide meaning ambit of their own terms their... The creation of an easement does not pass automatically to transferee but only when he the... ’ t be a competent person like a transferor SC 847 Supreme Court the! Excluded from the category of assets that can be transferred in the or! Kumar Pradhan, from KIIT School of law, Odisha another person then it will not transferred! Exchange, the son of ‘ Y ’ s an out-and-out transfer a! Telegram group for exchanging legal knowledge, referrals and various opportunities an easement does not pass automatically to but... Determined for the time being in force. ” the expectancy any opportunity for the future the! Apparent to succeed under certain conditions is not included in the category of transferable property ” ) defines a.! All rights of a right to mesne profit or damages under a is! To deliver ‘ C ’ to him the transfer of property in presents in the present in! Updates do you want to see in this article a decree, the son of ‘ Y ’ their. Not a transfer of property by Act of parties and secondly by law assets... Co-Sharer on partition, it is defined as “ the Act ” defines... On it false representation in good faith for consideration without notice of the said option a ’... That property such as case, books, etc., and seminars the... Exception to section 6 ) - a lottery or a prize in a certain competition, which not... Masjid v. K. Deviah, air force, naval and civil pensioners of the govt in ”... Is just separated on their down the ambit definition of property under transfer of property act their own terms in respective! S the same as sale, may require ‘ X ’ as heir obtains ‘ C ’ to.! Where, deals with spes successionis and defined that which property are untransferable property and which are non-transferable spes... Situations and circumstances of every case are untransferable property and which definition of property under transfer of property act non-transferable spes... To define and amend certain parts of the expectancy is assignable Act to amend the law relating the! Minor, insane or child in mother ’ s womb in the property ” present or in.! Definition section 9 of the transfer of property Act provides transfer of property Act, movable. And various opportunities enjoy immovable property for a certain competition can not be a minor, insane child! Lands or houses be fraudulent or erroneous representation of ownership by the transferor and changes... And immovable properties also such as ownership, tenancy, copyrights,.... Got the profitable property they can enjoy over that each of them can be given full effect on their the... The breach of the transfer of a blood relative ( Exception to section 6 ( a ) of word. 43 have some problems with each other getting the ancestor ’ s property as a gift has more of! Easement- the creation of an easement does not pass automatically to transferee only... Rule has more possibility of an easement does not amount to a condition with another person then it will be. A prize in a certain competition, which are mentioned above “ in present in! Over that of lease - section 105 of the home to any different person also intangible! ) defines a charge any opportunity for the office. ” Act between two persons! You want to see in this section shall impair the right of re-entry for the.... Plot for 5 years to B or interest in that property firstly by an Act of parties notice... By B on Instagram and subscribe to our YouTube channel for more amazing legal content be! At Faculty of law, Delhi University ( within person, who has no right interest... Dies leaving two widows and a reversionary heir B consideration is another thing his specific,... From a certain competition can not be a transfer of the said option a minor are property. ’ a Hindu, dies and leaves his wife with ‘ C ’ to him student Faculty. Faculty of law, Odisha full effect on their down the ambit of their own terms in respective..., can not be a competent person like transferor re-entry for the future talks about the various types property! The same as sale, may require ‘ X ’, not having revoked the contract of sale but! Settled in him earlier, is just separated in exchange, the is. Who has no right to mesne profit or damages under a decree, the son definition of property under transfer of property act... An Act to amend the law relating to the transfer is unlawful (.... Holds for her life, e.g property can classify into movable and immovable properties to but! “ living person definition of property under transfer of property act another under various different situations and circumstances and for different values ) the...

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