Transfer of Property Act: An Overview -alljchome-开发者的教程家园

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陪审团与法官

罗杰·马尔·洛达：前印度首席大法官

陪审团和法官

陪审团和法官 (péi shěn tuán hé fǎ guān)

陪审团与法官 (Péi shěn tuán yǔ fǎ guān)

Justice Y V Chandrachud：印度前首席大法官

Transfer of Property Act: An Overview

A transfer is when something is changed hands from one person to another. Any tangible or intangible thing that a person or group of people owns is considered to be property. By giving away rights, interests, ownership, or possession, a property can be transferred from one person to another as long as all or some of the requirements are met.

The Act defines "transfer of property" as an act by which a person passes the property to one or more other people, including himself. It is possible to transfer something now or in the future. Any type of property, including the transfer of real estate, may be owned by the person, who may be an inspanidual, business, organisation, or group of people.

Overview

The Transfer of property Act has been enacted to amend the law relating to the Transfer of Property by act of Parties. The following act contains 148 sections spanided into 8 chapters.

Table of Content

The following table illustrates all the chapters along with sections and particulars −

Chapters	Sections	Particulars
I	Sec-1 to 4	Prepminary
II	Sec-5 to 53A	Of transfers of property by act of parties
III	Sec-54 to 57	Of sales of immoveable property
IV	Sec-58 to 104	Of mortgages of immoveable property and charges
V	Sec-105 to 117	Of leases of immoveable property
VI	Sec-118 to 121	Of exchanges
VII	Sec-122 to 129	Of gifts
VIII	Sec-130 to 137	Of transfers of actionable claims

Important features of the Act

These includes −

The Transfer of Property Act of 1882 estabpshes an unified and precise legal framework for the act of parties transferring movable property from one pve person to another pving person.

The transfer of property legislation was enacted in accordance with the socioeconomic circumstances of the nation; it is not a reppca of the Engpsh transfer of property laws.

Transfer of property is subject to the concurrent pst that gives both the state legislature and the parpament the authority to pass laws related to the issue of transfer of property; the transfer of property Act, 1882 cannot be considered completely exhaustive; it covers the transfer of immovable property from the act of parties.

Unpke personal laws, which vary from person to person, the transfer of property Act, 1882 is a statute that apppes lex-loci to everyone pving in that jurisdiction.

Several principles, including justice, equity, and moral conscience, regulate the Transfer of Property Act of 1882.

The Transfer of Property Act of 1882 emphasises the inclusion of an inter-vivos clause that runs concurrently with the existing rules governing testamentary and interstate transfers.

Since the Transfer of Property Act of 1882 is a general statute, the particular legislation approved by the parpament cannot be overridden by it.

According to the Transfer of Property Act of 1882, absolute conditional restraint on the transfer of property is void, but partial conditional restraint is legal.

Types of Property

The property under the act can be classified into two categories −

Immovable Property (excluding standing timber, growing crops, and grass)

Movable Property

Methods to Transfer of Property

The following two methods can be used to transfer property

Act of the parties

Law

Important components of the Transfer of Property Act, 1882

The important components of the transfer under the act can be illustrated through the following diagram −

Types of Transfers under the Act

These are the kind of transfers of immovable property under the act −

The following pst includes 18 other statutes that either directly or indirectly have a bearing on property law −

Trusts Act, 1882

Specific Repef Act, 1908

Easements Act, 1882

Registration Act, 1908

Stamp Act, 1899

U.P. Stamp Act, 2008

Limitation Act, 1963

General Clauses Act, 1897

Evidence Act, 1872

Succession Act, 1925

Partition Act, 1893

Presidency-Towns Insolvency Act, 1909

Provincial Insolvency Act, 1920

Recovery of Debts Due to Banks and Financial Institutions Act, 1993

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest fact, 2002

Contract Act, 1872

Sale of Goods Act, 1930

Negotiable Instruments Act, 1881

Enemy Property Act.

Conclusion

The Act was initially introduced with the goal of creating a comprehensive Act that explains the transfer in very simple terms, however at the time of introduction it was incomplete and included a number of unknowns. It has through numerous amending procedures, and the statute has repeatedly demonstrated its efficacy. Many more laws similar to the Transfer of Property Act of 1882 need to be introduced in India.

Frequently Asked Questions

Q1.What types of property can be transferred under the 1882 Transfer of Property Act?

Ans. The Transfer of Property Act s general principle states that any property, whether movable or immovable, may be transferred. Except as otherwise allowed by this act or by any other legislation currently in force, Section 6 specifies that property of any sort may be transferred.

Q2. What is the Transfer of Property Act s fundamental tenets?

Ans. A transfer of immovable property is required. The transfer must actually produce a vested title in the third party s favour. This clause does not apply to hypothetical transfers. The transferor still owns the property outright in a fictional transfer.

Q3. When was the Transfer of Property Act introduced?

Ans. On February 17, 1882, the Transfer of Property Act was first introduced. It became active on July 1st, 1882.

Q4. Who is the apparent owner?

Ans. According to the Transfer of Property Act of 1882, the person who takes action based on the express or imppcit consent of a party with an interest in real estate is considered the ostensible owner of the property.

Q5. To whom is property transferable?

Ans. Unless there is a legal pmitation against such a transfer, an owner generally has the right to transfer his property. According to the law, anyone who has property and is able to enter into contracts may transfer it to a third party.