Rights of a lessee to retain possession of premises. Regulate transfer of property between living persons. According to section 123, transfer of immovable property through gift will be. Introduction the transfer of property act, 1882 hereinafter referred to as the act is the legislation which governs transfer of immovable property1 in india. The person insisting nontransferability must prove the existence of some law or custom which restricts the right of transfer. Transfer of property act, 1882 not amounting to transfer of property.
Section 126 of the transfer of property act gift deed is invalid without registration a gift deed or deed of gift is a deed that is executed and delivered in which the donor transfers title to the donee without any payment or considerations. Section 58a a mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. It proceeds on the maxim, expression unius exclusion alterius in that every property except those specified in the section may be transferred. The rule is that a person disposing of property to another shall not fetter the free disposition of that property in. Lease under transfer of property act, 1882 deals with section 105 to section 117. Right of a lessee to retain possession of premises subsequent to determination of lease by efflux of time mitali yadav and sahil asthana a. Section 123 of transfer of property act archives scc blog. Transfer of property act, 1882 pdf download citehr. Full text containing the act, transfer of property act, 1882, with all the sections, schedules, short title, enactment date, and footnotes. The doctrine of lis pendens esstentially aims at i avoiding endless litigation, ii protecting either party to the litigation against the act of the other, iii avoiding abuse of legal process. Transfer of property act, 1882 bare acts law library advocatekhoj. Miscellaneous transfer of property is a concurrent subject entry 6 of list iii concurrent list of seventh schedule to constitution.
It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. Assignment on the transfer of property act 1882, section 5. The legislature has provided that the chance of an heirapparent cannot be a subject of conveyance in present or in future. Section 108 rights and liabilities of lessor and lessee. This section is an attempt to import into india what used to be known in england, the rule of double possibilities. Aug 10, 20 section 58a a mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. Analysis of section 53a of transfer of property act, 1882. Actionable claim as defined in the transfer of property act, 1882 is a property and transferable. The provision of section 3 of the transfer of property act, 1882 does not provide. In the following sections transfer of property means an act by which a living person conveys property, in present or in future, t o one or more other living persons, or to himself and one or more other living persons. The government has amended section 17a of the registration act, 1908 in the year 2001 in such a manner that the documents containing contracts to transfer for consideration of any immovable property for the purpose of section 53a of the transfer of property act, 1882 shall be registered if they have been executed on or after the commencement of.
This act may be called the transfer of property act, 1882. Under the act of parties, transfer of property act topa exists, which gives us further divisions that is whether the property is movable or immovable, transfer for movable property and immovable property. This section deals with the mode of transfer in the case of gifts. Transfer of property means an act by which a living person conveys property to one or more other living persons.
The transfer of property act 1882 is an indian legislation which regulates the transfer of property in india. Nov 14, 2014 assignment on the transfer of property act 1882, section 5 35 strength and weakness of the sections 1. According to the act, transfer of property means an act by which a person conveys the property. Nathulal versus phoolchand 1969 10 tmi 67 supreme court section 53 a of the transfer of property act, 1882 reads as follows with highlights added by the. It does not apply to transfers by the operation of law such as transfer of immovable property necessitated by order of court for insolvency or forfeiture among others. Commencement it shall come into force on the first day of july, 1882. Transfer of property act 1882 section 123 judgments. Transfer of property act, 1882 bare acts law library. Transfer of property act unborn child notes to help. As the transfer of property means conveying of property, i. Transfer how effected page 1 transfer of property act 1882 bare acts in india statutes and laws free download bare. Respondents herein were the plaintiffs in a suit filed for setting aside of a gift deed vide which the suit property had allegedly been transferred to the petitioners.
Transfer how effected for the purpose of making a gift ofimmoveable property, the transfer must be effected by a registered instrumentsigned by or on behalf of the donor, and attested by at least two witnesses. 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 and one or more other living persons. Transfer of property act 1882 page 1 bare acts in india. Very important video for cs and cma students, related to transfer of property act. When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an exchange. The transfer of property act, 1882 josh and mak international. Presumption of notice of registered instrument party having interest in property would be deemed to have notice from the date of registration of such deed.
Actionable claim as defined in the transfer of property act, 1882 is a property. Scope of the section this section deals with what may be the subject of transfer under the act. As per section 6 e of the transfer of property act. Even in the definition of conditional gifts also, no mention of delivery of possession. Where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage by deposit of title deeds, can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. The transfer of property act, 1882 hereinafter, the act is a civil legislation of immense importance owing to the vast number of property related transactions taking place throughout the country.
Section of the act refers to transfer for benefit of unborn person. Transfer contingent on happening of specified uncertain event. Transfer of property act 1882 page 1 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. All documents produced for the inspection for the inspection of the court are known as documentary evidence. Sections 54, 107 and 123 have been extended from 6th may, 1935, to all. Feb 25, 2016 the government has amended section 17a of the registration act, 1908 in the year 2001 in such a manner that the documents containing contracts to transfer for consideration of any immovable property for the purpose of section 53a of the transfer of property act, 1882 shall be registered if they have been executed on or after the commencement of. Types of mortgage under section 58 of the transfer of. An act to amend the law relating to the transfer of property by act of parties. The income tax department never asks for your pin numbers, passwords or similar access information for credit cards, banks or other financial accounts through email the income tax department appeals to taxpayers not to respond to such emails and not to share information relating to their credit card, bank and other financial accounts. Preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. When an interest in vested in a person, it becomes his property and is under sec 6 of the transfer of property act transferable by him even before he has obtained possession. Unless there is some legal restriction preventing the transfer, the owner of the property may transfer it. Sep 02, 2015 1 transfer of property act ie tpa is a consolidated act. Section 110 exclusion of day on which term commences.
The said section has been extracted below, for ease of reference. The transfer of property act specifies that property of any kind may be transferred, except as otherwise provided by the act or by any other law in force. Where, on a transfer of property, an interest therein is to accrue to a specified person if a specified uncertain event shall happen, and no time is mentioned for the occurrence of that event, the interest fails unless such event happens before, or at the same time as, the intermediate or precedent interest ceases to exist. Enactment relating to contract to be taken as part of contract act chapter ii of transfers of property by act of parties a transfer of property,whether movweble or immovable 5. English mortgage here the mortgagor transfer the property to the mortgagee and upon completion of the time gets the property back in his own name. It means an act by which a living person conveys property in present or in future to one or more living persons, or to himself, or. Aug 27, 2010 the transfer of property where this act applies has to be under the t p act, 1882 only and the muslim law of transfer of property can not override the statute. It shall come into force on the first day of july, 1882 extent. Mar 03, 2015 very important video for cs and cma students, related to transfer of property act. The section essentially prohibits alienation of immovable property when a dispute relating to the same is pending in a competent court of law.
Assignment on the transfer of property act 1882, section 5 35 strength and weakness of the sections 1. Law relating to the transfer of property by act of parties. According to section 6 of the transfer of property act, the property of any kind may be transferred. All about lease and gift under transfer of property act, 1882 by. A uniform legislation was the need of the hour considering this factor, and this act was drafted to serve the selfsame purpose. Sec 123 of the transfer of property act makes a reference to delivery.
Analysis of provisions of section 53a of the transfer of property act, 1882 the transfer of property act, 1982 came into force on the 1st july, 1882. Transfer of property act, 1882 punjab judicial academy. Transfer of a property can be made in two ways, firstly by an act of parties and secondly by law. Whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Extent 1 it extends2 in the first instance to the whole of india except 3 the territories which, immediately before the 1st november, 1956, were. Lis pendens is captured under section 52 of the transfer of property act, 1882 the act. Lease of an immovable property is defined and detailed under chapter v of the transfer of property act, 1882 hereinafter referred to as the act. The transfer of property act, 1882 mainly deals with transfer of immovable property. Jan 15, 2015 right, as when property is conveyed in future there is said to be a transfer of property no less than when it is conveyed in the present as stated under section 5 of the transfer of property act. It is based on the principle that the person purchasing an immovable property from the judgment debtor. Transfer of property act section 53a and some relevant provisions. Section 53a of the transfer of property act, 1882 is to protect nondefaulting buyer of property.
Assignment on the transfer of property act 1882, section 5 35. Gifts and delivery of possession new law college pune. The provision of section 3 of the transfer of property act. Transfer of property act, 1882, section 122, 123 unregistered gift deed gift deed in question was a conditional unregistered gift deed scribed in an unstamped paper as per s. Gift defined page 1 transfer of property act 1882 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. Transfer of property act 1882 section 123 citation 40373. Introduction to transfer of property act, 1882 notes to help. Transfer of property act section 53a and some relevant. If you want to continue this discussion or have a follow up question, please post it on the network. Transfer of property act, 1882came into force on 1st july, 1882. The 7 sections contained within have been divided into 8 chapters. Sep 16, 2016 transfer of property act, 1882 not amounting to transfer of property. Section 106 duration of certain leases in absence of written contract or local usage. Complete the code of contract law for immovable property.