Supporting to the All students of Law in their Academics specially in subject Property Law which is one of the core subject.

1. TRANSFER OF PROPERTY ACT 1882
(General View)
By
Dr. Ashutosh kumar Srivastava
(Assistant Professor)
(Faculty of Law , University of Delhi )
M.Sc. (Botany), CSIR-NET,
LL.M., UGC-NET,
Ph.D. In Law

2. Property
The term property is nowhere defined in the
Transfer of Property Act
Term property is used in most widest and
generic sense.
If one looks around himself being a human ,
everything present may be categorised as
property.
Every object whether tangible or intangible
having some value to human beings, may be
termed as property.

3. Property
Essential characteristic of property
 Value attached to it.
It is source of wealth
In General sense Property consist of Land
Shares building etc ,
The word property is derived from Latin word
Proprietary and French equivalent Properties
which means a thing owned .
Term property widely discussed by various jurist
like : Salmond Bentham and Austin etc,

4. Property
Property is most comprehensive of all terms
which can be used as much as it is indicative
prescriptive of every possible interest. Which any
person can have.

5. History
Before 1882 the transfers of immovable
properties in India People were governed by the
principles of English law and equity.
And by the Regulations and Acts passed by the
Governor- General-in-Council.
• In that time, law was quite confusing.
• This Act may be called the Transfer of Property
Act, 1882. It shall come into force on the first day
of July1882.

6. Evolution in Concept of property
16 Maha-janpadas : right established after
cleaning of Land
Nandas Dynasty :King gives right to clean a
piece of Land
Maurya Dynasty: King gives right to clean &
maintain a piece of Land
Guptas Dynasty: King Starts appointment of
feudal and gifting Lands to them for maintaining .
Saltanat Period : feudal appointed for

7. Evolution in Concept of property
Moughal Period :feudal appointed for
maintaining a piece of Land for revenue
purposes.
British Period : Jagirdari systam ,and rayatwari
system adopted for maintaining piece of Land
and revenue purposes.
All the time ultimate owner of property were The
king

8. Why Term Transfer used
Why not sale etc.
Example we made Law Sale of Goods which cover sale
only but not covered other action like gift, pledge etc.
But this Act used the term Transfer which is more wider in
all senses which include any kind of Transfer like sale ,
Exchange , lease , Mortgages, gift etc,

9. Why Term Property Used
Why term property used ? Not merly immovable Property
TP Act 1882 include Transfer of Specially Immovable and
in some cases movable property , so it was termed as
Property
Term Property include both movable and Immovable kind
of property.

10. TP Act 1882 interlinked with other Acts
Indian Stamp Act 1899.
Registration Act 1908.
Etc.

11. TP-Act 1882: Pre-Independence
Law
TP Act 1882 is Pre constitution Law
By the virtue of Article 372 of constitution of
India it prevails in India
Article 372: continuance in force of existing
Laws and their adaptation. : All the laws in force
in the territory of India immediately before the
commencement of the constitution shall continue
in force their in until altered or repealed or
amended by a competent legislature, or
competent authority.

12. 7th Schedule of constitution of India
Entry no: 6 of concurrent List = Transfer of
Property other then Agricultural land , ( central
and state both legislature may legislate Law, with
consent of each other )
Entry no: 18 of State List =Transfer and
alienation of agricultural Land. ( only State can
legislate Law )

13. Ways of Transfer of Property
A. By the Act of Parties
By Testamentary ( will )
By Non Testamentary (between two living
person ) TPA applicable
B. By effect of Laws
Land acquition Laws
Indian Succession Act
UPZALR Act

14. Transfer by the action of Parties.
(Between two living Person)
Sale : To Sell immovable property
Exchange: To Exchange immovable property
Mortgage: To Pledge immovable property (loan,
debt, pecuniary Liability)
Lease: Rent agreement on immovable property
Gift : To give Property to other in love and
affection ,without consideration
Licence: To use immovable property of other for
a very Short time against Tariff /fare

15. Transfer of Property By Effect of
Laws
 Land acquisition Laws
 Indian Succession Act
 U.P. Zamindari and Land Reform Act , 1950
(UPZALR)
 Other State Laws

16. Transfer of Properties
Apart from TP Act 1882 property can be deal under
these Act
Personal Laws
Sale of Goods Act in movable property.
Contract Act
Registration Act
Stamp Act
 The Indian Succession Act
Land revenue Act of States
Civil procedure code 1908

17. Special Laws To oust the
Application of TPA, 1882.
If parliament has enacted special Laws to deal
with certain kind of transfer , the TPA 1882 will
not apply.
The Securitization and reconstruction of
financial Assets and enforcement of security
Interest Act,2002 (SRFAESI) to secure bank
loan from companies
( Mardia Chemicals Ltd. Vs UOI, 2004)4
scc311
Karnataka Schedule Cast and Schedule Tribes

18. Special Laws To oust the
Application of TPA, 1882
The Employee’s provident Fund and
Miscellaneous Provisions Act 1952.

19. Classification of Property
Tangible Property: which can be perceived by
senses
Intangible Property: which comes through
human ‘s intellect
All corporeal property either be movable or
immovable , which is discussed u/s 3 of TPA,
1882.
Movable Property:
Immovable Property:

20. Judicially recognised Immovable
Property
1. Right to way
2. Right to collect rent from immovable property.
3. Right to ferry
4. Mortgagor’s Right to redeem the mortgage
5. The interest of Mortgage in immovable
property,
6. Right of Fishery
7. Right to collect Lac from Trees

21. Judicially Not recognised As
Immovable Property
1. Standing Timber
2. Growing Crops
3. Grasses
4. Royalty.
5. Etc.

22. Classification of Property
Personal Property :
Real Property:
Corporeal Property : having tangible existence
like Land, furniture etc
Incorporeal Property : it is Intangible because
its existence neither visible nor tangible. Example
: right of easement copyright. Etc

23. Preamble of TP Act .
WHEREAS it is expedient to define and amend
certain parts of the law relating to the transfer of
property by action of parties;
It is hereby enacted as follows:
An Act to amend the law relating to the Transfer
of Property by act of Parties.

24. Transfer of Property Act 1882
Scheme of Act
Total 8 chapter and 137 sections
Chapter 1 Preliminary Sections 1-4
Chapter 2 Transfer by action of parties Ss.5-
53A
Chapter 3 Sales Ss.54-57
Chapter 4 Mortgages Ss. 58-104
Chapter 5 Lease Ss.58-104
Chapter 6 Exchange Ss. 118-121
Chapter 7 Gifts Ss. 122-129
Chapter 8 Actionable claims Ss. 130- 137

25. Sec 1. Short title.
This Act may be called the Transfer of Property
Act, 1882.
Commencements.—It shall come into force on
the first day of July, 1882

26. 2. Repeal of Acts. Saving of certain
enactments, incidents, rights, liabilities,
etc.—
In the territories to which this Act extends for the
time being the enactments specified in the
Schedule hereto annexed shall be repealed to the
extent therein mentioned. But nothing herein
contained shall he deemed to affect—
(a)the provisions of any enactment not hereby
expressly repealed;
(b) (b) any terms or incidents of any contract or
constitution of property which are consistent
with the provisions of this Act, and arc allowed

27. 2. Repeal of Acts. Saving of certain
enactments, incidents, rights,
liabilities, etc.—
(c) any right or liability arising out of a legal
relation constituted before this Act comes into
force, or any relief in respect of any such right or
liability; or
(d) save as provided by section 57 and Chapter
IV of this Act, any transfer by operation of law or
by, or in execution of, a decree or order of a Court
of competent jurisdiction;

28. 2. Repeal of Acts. Saving of certain
enactments, incidents, rights,
liabilities, etc.—
and nothing in the second Chapter of this Act
shall be deemed to affect any rule of
Muhammadan law.

29. S 3. Interpretation-clause.
In this Act, unless there is something repugnant in
the subject or context,—
“immoveable property” does not include standing
timber, growing crops or grass;

30. General clauses Act 1897.
Sec 3(26)- Immovable property shall include land,
benefits to arise out of Land , and things attached
to the earth, as permanently fastened to anything
attached to the earth.

31. Registration Act 1908
Sec 2(6)- Immovable property includes land
buildings, hereditary allowances, right to ways,
lights, ferries, or any other benefit to arise out of
Land, and things attached to the earth ,
Permanently fastened to any thing which is
attached to the earth but not standing timber,
growing crops, or grasses.

32. Complete idea of immovable
Property
The definition of immovable property as
given in the three Acts respectively if taken
together with the expression “ things attached
to the earth , makes it clear that immovable
property includes :
Land
Benefits arising out of Lands
The things attached to the earth i.e.

33. The things attached to the earth
Things embedded in the earth
Things attached to what is so embedded in the
earth
Things rooted in the earth – except
a. Standing Timber
b. Growing crop
c. Growing grass
Registration Act provides certain incident of property
like hereditary allowance, right to ways etc but these
expression are absent in TPA, these expression by

34. Land
Term land in its legal meaning include
following elements
A determinate portion of earth ‘s surface
Any ground, soil or earth , such as meadows,
pastures, woods moors , water marshes,
The ground beneath the surface, i.e. Subsoil ,
minerals coal or gold mines.
The space column above the surface.
Anything fixed to the soil except those which
are produced in the year by year through the
labour.

35. Land
Term land in its legal meaning include
following elements
All objects which are on or under the surface in
its natural state : for example minerals , land
includes lakes , ponds rivers within its boundary.
They are called land covered by water.
All object placed by human agency on or under
the surface, with the intention of permanent
annexation . These become part of the land and
lose their identity as separate movables for
examples building wall and fences.
So the land include everything upon the surface

36. ‘The things attached to the earth’
This expression again been explained in sec 3
of TPA.
As things which are rooted in earth Such Tree
and shrubs
 Things embedded in earth such as wall and
buildings
Things are permanently attached to
What is embedded in the earth for the
permanent beneficial enjoyment of to which it is

37. Benefit arising out of Land
( Profit of Prendre)
A profit a prendre is a right to take from another
person’s land something that is part of the soil or
is on the soil and is the property of the landowner.
Continue .............

38. ‘The things attached to the earth’
(Doctrine of fixtures )
Things fixed in the Earth can be immovable
Property .
Continue .............

39. Thank you
and
wish you Luck