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    Unit I Section 3 To 9

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    Tshewang Dema
    The document provides an overview of the Transfer of Property Act of 1882 in India. Some key points: [1] The Act was passed in 1882 to establish a uniform law around the transfer of property by parties. It defines and regulates certain types of transfers but does not cover all modes of transfer. [2] The Act established clear rules around topics like what can be transferred, who is competent to transfer, how a transfer of property operates, and restrictions on transfers. It also defines important terms like "immoveable property." [3] The objectives of the Act were to establish a systematic, uniform law around inter vivos transfers and complement existing contract and registration laws. It did not replace all

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    Unit I Section 3 To 9

    Uploaded by

    Tshewang Dema
    51 views21 pages
    The document provides an overview of the Transfer of Property Act of 1882 in India. Some key points: [1] The Act was passed in 1882 to establish a uniform law around the transfer of property by parties. It defines and regulates certain types of transfers but does not cover all modes of transfer. [2] The Act established clear rules around topics like what can be transferred, who is competent to transfer, how a transfer of property operates, and restrictions on transfers. It also defines important terms like "immoveable property." [3] The objectives of the Act were to establish a systematic, uniform law around inter vivos transfers and complement existing contract and registration laws. It did not replace all

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    UNIT I SECTION 3 TO 9

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    The document provides an overview of the Transfer of Property Act of 1882 in India. Some key points: [1] The Act was passed in 1882 to establish a uniform law around the transfer of property by parties. It defines and regulates certain types of transfers but does not cover all modes of transfer. [2] The Act established clear rules around topics like what can be transferred, who is competent to transfer, how a transfer of property operates, and restrictions on transfers. It also defines important terms like "immoveable property." [3] The objectives of the Act were to establish a systematic, uniform law around inter vivos transfers and complement existing contract and registration laws. It did not replace all

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    51 views21 pages

    Unit I Section 3 To 9

    Uploaded by

    Tshewang Dema
    The document provides an overview of the Transfer of Property Act of 1882 in India. Some key points: [1] The Act was passed in 1882 to establish a uniform law around the transfer of property by parties. It defines and regulates certain types of transfers but does not cover all modes of transfer. [2] The Act established clear rules around topics like what can be transferred, who is competent to transfer, how a transfer of property operates, and restrictions on transfers. It also defines important terms like "immoveable property." [3] The objectives of the Act were to establish a systematic, uniform law around inter vivos transfers and complement existing contract and registration laws. It did not replace all

    Copyright:

    © All Rights Reserved
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    of 21

    UNIT I

    SECTION 1 TO 9
    Transfer of Property Act 1882
    Introduction
    1. Before British Rule
    2. After British Rule
    o First law Commission- was appointed by the
    British Queen primarily to codify the civil
    law in India including the law relating to
    property.
    o Bill was prepared in 1870
    o And was introduced in the legislative
    Assembly in 1877.
    o Referred to the Select Committee- public
    opinion, suggestions, redrafted and
    referred to Law Commission.
    o After several drafts it was passed on 17
    February 1882 and came into force on 1
    July 1882.
    3. Major amendments in 1929 and 2011
    Scope of the Act
    — The Act defines and amend certain parts
    of the law relating to transfer of property
    by the act of parties.
    — Does not governs the transfers by
    operation of law, intestate, testamentary
    succession.
    — Act not exhaustive. Does not cover all
    modes of transfer.
    — Mainly deal with immoveable property.
    — Exemption of Muslim law- gift, perpetuity
    etc.
    — Exemption of rights and incidents-
    partition.
    Territorial Limitation – not applicable in
    Punjab
    Objectives of the Act
    1. As per the preamble of the Act, the TPA
    is to amend or regulate the law relating
    to transfer of property by the acts of the
    parties.
    2. Act provides Clear and systematic and
    uniform law.
    3. Act completes the Contract Act
    4. With provisions inter-vivos
    5. Not exhaustive.
    definitions
    sec. 3 “immoveable property”:
    does not include standing timber, growing
    crops or grass.

    According to General clauses Act 1897


    immoveable property includes:
    1. land:
    upon, under and above the surface of the land
    eg water accumulated in the pond, sub soil,
    minerals, coal, gold mines
    2. benefits to arise out of land:
    Ø beneficial interest in the property,
    landlord,any right exercise over the land
    to get profit, fishery
    3. things attached to the earth :
    Ø things embedded in the earth
    eg houses, buildings, walls or elecricity poles
    Ø things attached to what is so embedded
    in the earth:
    doors, windows, shuteters
    Case: Shanta bai’s case
    Ø things rooted in the earth:excluding
    standing timber
    growing crops and grass
    Section 3 Moveable property
    According to General Clauses Act, 1897
    Except immoveable property
    According to Registration Act, 1908:
    Includes standing timber, grass, crops fruits
    on the trees.
    Section 3 Instrument: document
    Section 3 registered
    Attested
    1. Objective: free consent
    2. who can attest: elibility of witnesses
    3. Essentials of valid attestation: two
    attesing witnesses, signed in the presence
    4. Form of attestation
    Actionable Claims
    1.unsecured money debt
    § Existent debt
    § accruing
    § conditional or contingent debt
    2. claim to beneficial interest not in possession
    of the claimant
    § the claim is to some moveable property
    § property in possession of another person
    § the right of possession of the claimant is
    recognized by the Court.
    notice
    1. actuall or express notice:
    a. definite knowledge
    b. knowledge of interesting parties
    c. must be related to subject matter

    2. Constructive notice:legal presumption


    a. wilfully aviodance from inquiry or search
    b. Gross negligence
    c. registration as notice
    d. notice to agent is notice to principal
    Section 5
    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 or to himself and one or more
    other living persons and to transfer of
    property is to perform such act.
    Section 5 Transfer of property Act
    definition of transfer of property
    vtransfer of property is an act by which
    vliving person
    vconveys
    vin present or in future
    vproperty
    vto another living person
    vto himself
    family settlement, compromise, charge
    Section 6 What may be transferred
    1) spes- seccessionis
    2) mere right of re-entry
    3) easement apart from dominant heritage
    4) restricted interest
    5) right to maintenance
    6) mere right to sue
    7) public office and salary
    8) pensions and stipends
    9) transfer opposed to nature of interest
    section 7 person competent to
    transfer
    1. essentials of valid transfer
    2. competency of the transferor
    • competent to contract
    • age of majority
    • soundness of mind
    • not otherwise disqualified
    • entitled to transfer: authority to transfer
    Section 8 Operation of transfer
    Unless a different intention is expressed or necessarily implied, a transfer of property
    passes forthwithto the transferee all the interest which the transferor is then capable of
    passing in the property, and in the legal incidents thereof.
    Such incidents include, where the property is land, the easements annexed thereto, the
    rents and profits thereof accruing after the transfer, and all things attached to the earth;
    and, where the property is machinery attached to the earth, the moveable parts
    thereof;
    and, where the property is a house, the easements annexed thereto, the rent thereof
    accruing after the transfer, and the locks, keys, bars, doors, windows and all other things
    provided for permanent use therewith;
    and, where the property is a debt or other actionable claim, the securities therefor (except
    where they are also for other debts or claims not transferred to the transferee), but not
    arrears of interest accured before the transfer;
    and, where the property is money or other property yielding income, the interest or
    income thereof
    accruing after the transfer takes effect.
    1. Unqualified or unconditional transfer
    2. Legal incidents of transfer
    § Land machinery
    § House
    § Debts
    § Interest
    3. Unless different intention is expressed
    SECTION 11 Restriction repugnant
    to interest created
    Where, on a transfer of property, an interest therein is created absolutely in
    favour of any person, but the terms of the transfer direct that such interest
    shall be applied or enjoyed by him in a particular manner, he shall be entitled
    to receive and dispose of such interest as if there were no such direction.

    1[Where any such direction has been made in respect of one piece of
    immoveable property for the purpose of securing the beneficial enjoyment of
    another piece of such property,

    nothing in this section shall be deemed to affect any right which the transferor
    may have to enforce such direction or any remedy which he may have in
    respect of a breach thereof.]
    section 9 oral transfer
    1. delivery of possession
    2. registration

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