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DEFINITON OF
TPA
NAME – PRAVEEN KUMAR YADAV
ENROLL. NO. – 04113403818
CLASS – 3RD A
INTRODUCTION TO TRANSFER OF
PROPERTY ACT, 1882
• When a movable property is transferred inter-vivos (between two living
persons), Sales of Goods Act, 1930 comes into play. When an
immovable property is transferred from living person to living
person(s), the Transfer of Property Act, 1882 comes into play. In case,
the property is transferred from a dead person to a living person(s), the
law applied will be the Law of succession. A person die without leaving
a will (intestate), the law of intestate succession is applicable and in
cases where a person dies leaving a will, the law of testamentary
succession is applicable.
• OBJECTIVES
• The Transfer of Property Act, 1882 (hereinafter referred to as the ‘T P Act, 1882’) was
intended to define and amend the existing laws and not to introduce any new principle. It
applies only to voluntary transfers. The following may be enumerated as the objectives of
the Act:
• a) As per the preamble of the Act, the T P Act, 1882 is to amend or regulate the law
relating to transfer of property by the acts of the parties.
• b) The Act provides a clear, systematic and uniform law for the transfer of immovable
property.
• c) The Act completes the Code of Contract since it is an enacted law for transfers that
take place in furtherance of a contract.
• d) With provision for inter-vivos transfers, the T P Act, 1882 provides a law parallel to
the existing laws of testamentary and intestate transfers.
• e) The Act is not exhaustive and provides scope to apply the principles of Justice, Equity
and Good Conscience if a particular case is not governed by any provision of law.
• SCOPE
• Since the T P Act, 1882 is not a complete code of transfer of property; we can
say its scope is limited. The Act does not apply to all the transfers taking place
in India.
• Not Exhaustive: There are various kinds of property and various modes of
transfer of property. The Act does not incorporate rules for all modes of transfer
in existence. The Act does not even claim to be a complete code as apparent
from omission of the term ‘consolidate’ from its Preamble.
• Transfer of Immovable Property: The Act mainly deals with transfer of
immovable properties only.
• Exemption of Muslim Law: In case of a conflict between the T P Act, 1882
and rules of Muslim Law, the latter will prevail. Section 2 of the Act does not
affect inconsistent rules of Muslim Law. Thus, a settlement made in perpetuity
for the benefit of descendants of the settler is a valid wakf (charitable gift)
wherein there is an ultimate gift in favor of a charity.
• 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.
• The analysis of definition:-
i. An act which
ii. A living person
iii. Conveys
iv. In present or future
v. Property
vi. To another living person or himself
1. Living Person - In this section “Living Person” includes human
person or a juristic person. Juristic persons are Companies, Firms,
Corporations, University which although are not human but law
incorporates personality to them.
• The living person the transferor must be in existence at time of
making of the transfer.
Raghubir Singh v. Jai Indra Bhadur Singh A.I.R 1919 P.C 55
Court has not been regarded as ‘living person’ therefore, transfer
made by the order to the court (e.g. Court-sale) is not a transfer of
property within the meaning of transfer of Property Act.
2. Conveys – in transfer of property act the living person conveys the
property. Conveyance means any act of the transferor by which
certain new titles or interests are created in favor of the transferee.
Official Assignee, Madras v. Tehmina Dinshaw Tehrani A.I.R. 1972 Mad. 187
The word conveys includes any form of assurance inter vivos in which some
interest is created in favor of the transferee.
Samrathi Devi v. Parasuram A.I.R 1975 Pat. 140
Conveyance necessarily implies that the transferor has the title or interest which he
is transferring. He cannot convey an interest which he himself does not have at time
of conveyance.
3. In present or future – a transfer of property may be made so as to take place
with immediate effect or to take effect or to take place on a future date. A transferor is
free to transfer a property also upon fulfillment of certain conditions.
Ex – A makes gift of his watch to B provided B gets first division in the next
examination. Here although the gift has been declared today but it shall take effect
only if B gets first division, this is called conditional transfer.
4. Property - The word “property” has not been defined in the Act, but it has a
very wide meaning and includes properties of all descriptions. It includes movable
properties such as case, books, etc., and includes immovable properties also such as
lands or houses. It also includes intangible properties such as ownership, tenancy,
right to catch fish, actionable acclaims or other beneficial interest in property.
The word ‘transfer’ has also very wide meaning.
Suni Sidharthbai v. Commisioner of income tax A.I.R 1986 S.C. 368
• 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.
Jugalkishore v. Raw Cotton Co. Ltd. A.I.R 1955 S.C 376
• The transfer of property may be made to take place with immediate effect or
to take place on a future date; however the property must be in existence at
the date of transfer. There can be no transfer of future property
• 5. To another living person – there must be another person to whom property is
transferred. Such other person. Such other person is called transferee. The transferee may either
be human or juristic person. The transferee need not be a competent person. Transferee may be
minor, insane .
• Property cannot be transferred to a person who is not in existence on the date of the transfer.
However, property can be transferred for the benefit of an unborn person subject to provisions
of Sec. 13,14,15,16.
• An idol is a juristic person capable of holding property but it is not ‘a living person’ within the
meaning of Sec5 of the Act.
• Biopatrai Nath v. Ramchandra, AIR 1926 Nag 469
• Dedication of property to a temple is not a transfer of property.
• Bhupati nath v. Ram Lal (1910) 37 Cal.
• It has been held that an idol is symbol of deity and it is against the Hindu religion that
a deity should accept any property or wordly goods.
• 6. To himself – A transfer of property under section 5 of the Act requires two
living persons, the transferor and transferee. One cannot transfer a property to
himself, but one can transfer a property to himself in some other capacity.
• Naranbhai v. Suleman (1975) 16 Guj LR 289
• The transfer of property also include cases where a person make any settlement
of his property in a trust and appoints himself as the sole trustee.
• Transfer of property act as contemplated under the Act carries the same
meaning throughout this enactment as it has been defined in Section 5.
• Transfer of property is a ‘Concurrent Subject’ (Entry 6 of List III (Concurrent
List) of Seventh Schedule to Constitution). Both Central and State Government
can take legislative action in respect of transfer of property except that relating
to agricultural land which is a state subject
• Certain transactions not part of TPA
1. Family Settlement
Naranbhai v. Suleman (1975) 16 Guj. LR 289
Family settlement or family arrangement is not a transfer of property, when a
family settlement takes place, the already existing specific shares of the members
of the family are defined and separated in order to avoid possible disputes.
2. Compromise – compromise means agreement for the settlement of
doubtful claims between parties in respect of certain property.
Abbas Bandi Bibi v. Muhammad Raza AIR 2015 NOC 104(P&H)
Like family settlements here too no new titles or interests of the parties are pre
existing the compromise deed simply define them, this will not come under TPA.
• Partition it means separating the parts of co-owned property.
• Mohar Singh v. Devi charan AIR 1988 SC 1365
• Partition is not actually a transfer of property, but would only signify the
surrender of partition of joint rights, in exchange for similar right from the other
co-sharer.
• Relinquishment – it means giving up one’s rights or interests. Its effect is
extinction of one’s rights in a property, there is no intention that the person
relinquishing his interest is conveying that interest in favor of some another
person.
• Charge it is not a transfer of property. Charge is created on a property for
securing a payment out of that property. When the property of a person is
charged for securing certain payments e.g. maintenance, it is simply securing
personal obligation.
TPA

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TPA

  • 1. DEFINITON OF TPA NAME – PRAVEEN KUMAR YADAV ENROLL. NO. – 04113403818 CLASS – 3RD A
  • 2. INTRODUCTION TO TRANSFER OF PROPERTY ACT, 1882 • When a movable property is transferred inter-vivos (between two living persons), Sales of Goods Act, 1930 comes into play. When an immovable property is transferred from living person to living person(s), the Transfer of Property Act, 1882 comes into play. In case, the property is transferred from a dead person to a living person(s), the law applied will be the Law of succession. A person die without leaving a will (intestate), the law of intestate succession is applicable and in cases where a person dies leaving a will, the law of testamentary succession is applicable.
  • 3. • OBJECTIVES • The Transfer of Property Act, 1882 (hereinafter referred to as the ‘T P Act, 1882’) was intended to define and amend the existing laws and not to introduce any new principle. It applies only to voluntary transfers. The following may be enumerated as the objectives of the Act: • a) As per the preamble of the Act, the T P Act, 1882 is to amend or regulate the law relating to transfer of property by the acts of the parties. • b) The Act provides a clear, systematic and uniform law for the transfer of immovable property. • c) The Act completes the Code of Contract since it is an enacted law for transfers that take place in furtherance of a contract. • d) With provision for inter-vivos transfers, the T P Act, 1882 provides a law parallel to the existing laws of testamentary and intestate transfers. • e) The Act is not exhaustive and provides scope to apply the principles of Justice, Equity and Good Conscience if a particular case is not governed by any provision of law.
  • 4. • SCOPE • Since the T P Act, 1882 is not a complete code of transfer of property; we can say its scope is limited. The Act does not apply to all the transfers taking place in India. • Not Exhaustive: There are various kinds of property and various modes of transfer of property. The Act does not incorporate rules for all modes of transfer in existence. The Act does not even claim to be a complete code as apparent from omission of the term ‘consolidate’ from its Preamble. • Transfer of Immovable Property: The Act mainly deals with transfer of immovable properties only. • Exemption of Muslim Law: In case of a conflict between the T P Act, 1882 and rules of Muslim Law, the latter will prevail. Section 2 of the Act does not affect inconsistent rules of Muslim Law. Thus, a settlement made in perpetuity for the benefit of descendants of the settler is a valid wakf (charitable gift) wherein there is an ultimate gift in favor of a charity.
  • 5.
  • 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. • The analysis of definition:- i. An act which ii. A living person iii. Conveys iv. In present or future v. Property vi. To another living person or himself
  • 7. 1. Living Person - In this section “Living Person” includes human person or a juristic person. Juristic persons are Companies, Firms, Corporations, University which although are not human but law incorporates personality to them. • The living person the transferor must be in existence at time of making of the transfer. Raghubir Singh v. Jai Indra Bhadur Singh A.I.R 1919 P.C 55 Court has not been regarded as ‘living person’ therefore, transfer made by the order to the court (e.g. Court-sale) is not a transfer of property within the meaning of transfer of Property Act. 2. Conveys – in transfer of property act the living person conveys the property. Conveyance means any act of the transferor by which certain new titles or interests are created in favor of the transferee.
  • 8. Official Assignee, Madras v. Tehmina Dinshaw Tehrani A.I.R. 1972 Mad. 187 The word conveys includes any form of assurance inter vivos in which some interest is created in favor of the transferee. Samrathi Devi v. Parasuram A.I.R 1975 Pat. 140 Conveyance necessarily implies that the transferor has the title or interest which he is transferring. He cannot convey an interest which he himself does not have at time of conveyance. 3. In present or future – a transfer of property may be made so as to take place with immediate effect or to take effect or to take place on a future date. A transferor is free to transfer a property also upon fulfillment of certain conditions. Ex – A makes gift of his watch to B provided B gets first division in the next examination. Here although the gift has been declared today but it shall take effect only if B gets first division, this is called conditional transfer.
  • 9. 4. Property - The word “property” has not been defined in the Act, but it has a very wide meaning and includes properties of all descriptions. It includes movable properties such as case, books, etc., and includes immovable properties also such as lands or houses. It also includes intangible properties such as ownership, tenancy, right to catch fish, actionable acclaims or other beneficial interest in property. The word ‘transfer’ has also very wide meaning. Suni Sidharthbai v. Commisioner of income tax A.I.R 1986 S.C. 368 • 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. Jugalkishore v. Raw Cotton Co. Ltd. A.I.R 1955 S.C 376 • The transfer of property may be made to take place with immediate effect or to take place on a future date; however the property must be in existence at the date of transfer. There can be no transfer of future property
  • 10. • 5. To another living person – there must be another person to whom property is transferred. Such other person. Such other person is called transferee. The transferee may either be human or juristic person. The transferee need not be a competent person. Transferee may be minor, insane . • Property cannot be transferred to a person who is not in existence on the date of the transfer. However, property can be transferred for the benefit of an unborn person subject to provisions of Sec. 13,14,15,16. • An idol is a juristic person capable of holding property but it is not ‘a living person’ within the meaning of Sec5 of the Act. • Biopatrai Nath v. Ramchandra, AIR 1926 Nag 469 • Dedication of property to a temple is not a transfer of property. • Bhupati nath v. Ram Lal (1910) 37 Cal. • It has been held that an idol is symbol of deity and it is against the Hindu religion that a deity should accept any property or wordly goods.
  • 11. • 6. To himself – A transfer of property under section 5 of the Act requires two living persons, the transferor and transferee. One cannot transfer a property to himself, but one can transfer a property to himself in some other capacity. • Naranbhai v. Suleman (1975) 16 Guj LR 289 • The transfer of property also include cases where a person make any settlement of his property in a trust and appoints himself as the sole trustee. • Transfer of property act as contemplated under the Act carries the same meaning throughout this enactment as it has been defined in Section 5. • Transfer of property is a ‘Concurrent Subject’ (Entry 6 of List III (Concurrent List) of Seventh Schedule to Constitution). Both Central and State Government can take legislative action in respect of transfer of property except that relating to agricultural land which is a state subject
  • 12. • Certain transactions not part of TPA 1. Family Settlement Naranbhai v. Suleman (1975) 16 Guj. LR 289 Family settlement or family arrangement is not a transfer of property, when a family settlement takes place, the already existing specific shares of the members of the family are defined and separated in order to avoid possible disputes. 2. Compromise – compromise means agreement for the settlement of doubtful claims between parties in respect of certain property. Abbas Bandi Bibi v. Muhammad Raza AIR 2015 NOC 104(P&H) Like family settlements here too no new titles or interests of the parties are pre existing the compromise deed simply define them, this will not come under TPA.
  • 13. • Partition it means separating the parts of co-owned property. • Mohar Singh v. Devi charan AIR 1988 SC 1365 • Partition is not actually a transfer of property, but would only signify the surrender of partition of joint rights, in exchange for similar right from the other co-sharer. • Relinquishment – it means giving up one’s rights or interests. Its effect is extinction of one’s rights in a property, there is no intention that the person relinquishing his interest is conveying that interest in favor of some another person. • Charge it is not a transfer of property. Charge is created on a property for securing a payment out of that property. When the property of a person is charged for securing certain payments e.g. maintenance, it is simply securing personal obligation.