THE TRANSFER OF PROPERTY ACT, 1882
The Transfer of Property Act consists of 137 sections. Section 5 to 53.A deals with General Principles relating to conveyance of property.
Section 54 to 137 deals with Specific Transfers.
Prior to 1882, in Hindu and Mohammedan laws- Personal laws and local customs were used. For this reason, the Act of Transfer of Property Act, 1882 was passed to maintain uniformity.
On July.01.1882, the Act came into force.
This Ac was not applied throughout the Territory of India. For Delhi, Punjab, Chandigarh and Tribal Areas this Act does not apply.
Act 1 of 70 ( 1/70) of Tribal Act applies or applicable to Tribes.
The Act has used these WORDS – Inter-changeably.
- Conveyance and
One can acquire property in any of the following methods –
- Voluntary Transfer
- Involuntary Transfer And
- Transfer By Operation Of Law.
1.VOLUNTARY TRANSFER —Out of free will conveyance transfer under cognigent transfer .It is the case of voluntary transfer.
When an Immovable property is transferred from one living person to another living person, the law is applied Transfer of Property Act,1882.
2.INVOLUNTARY TRANSFER— Sometimes, even against one’s own free will the persons property may be transferred to another’s will such case is known as Involuntary Transfer.
Even against the Will of the Mortgagor – the property is sold by the Mortagagee.
3.TRANSFER BY OPERATION OF LAW—The Act, Transfer of Property Act,1882 does not apply to transfer by operation of law. ( example: Succession, Court sales, Insolvency etc..)
DYING INTESTATE — Not disclosing the facts of property to the family members and died subsequently.
The Transfer of Property Act—mainly deals with the cases of Voluntary Transfer or deals with the Transfer of Immovable Property and also Movable Property between two living persons.. i.e.. Transfer inter vivos.
Involuntary Transfer and Transfer by Operation of law are totally outside by law and this Act does not apply to both.
Transferor must be alive and Transferee must also be alive at the ‘Time of Transfer’.
TRANSFER – Transfer means, if the conveyance made by the transferor has the effect of clothing or conforing a new right on the part of the transferee it is termed as Transfer.
- Where ever the Act is silent, in respective of anything the provisions of Contract Act shall apply.
- Transfer is a Contract between the Transferor or Transferee.
- The transferor is allowed to transfer the property either 1. Absolute Transfer or
- Partially Transfer.