definition of property under transfer of property act
(, ]- “A right of the owner is strictly prohibited in its enjoyment to him or her personally can not be transferred to any other.”, – “A right of a person to his future maintenance, in whatever manner it would arise, that should be secured or determined, and can not be transferred to anyone.”, ]- “A mere right to sue can not be transferred to anyone.”, ]- “A public office cannot be transferred to anyone because, it’s a public property and the person who has the qualities, they should only enjoy the rights of the office not all. This section specifies different types of property which can not be transferred (Exception to Section 6)-. It is usually inserted in lease empowering the lessor to re-enter up a breach of covenants in the lease. Commencement.—It shall come into force on the first day of July, 1882.. Extent.— 1 [It extends 2 in the first instance to the whole of India except 3 [the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of] Bombay, Punjab and Delhi.] Section 8 of the Transfer of Property Act provides transfer of various types of property and their legal incidents. Lastly, a transfer cannot be made in favour of a person who is disqualified to be a transferee. The transfer may be a gift, an inheritance or an asset acquired by paying full value. Both Hindu and Muslim law forbids transfer of the expectancy. Law > Civil Laws > Transfer of Property Act > Immovable Property It is a surprising fact that the Transfer of Property Act does not contain a comprehensive definition of immovable property. Sale is an out-and-out transfer of property. Section 100 of the Transfer of Property Act, 1882 (henceforth referred as “the Act”) defines a charge. Your email address will not be published. In this Act, unless there is something repugnant in the subject or context,-" immovable property" does not include standing timber, growing crops or grass; "instrument" means a non-testamentary instrument; The definition of Immovable property given in the S.3 of Transfer of Property Act 1882, is not exhaustive, it is the negative definition which exclude the things and says immovable property does not include standing timber, growing crops or grass. His specific share, which vested in him earlier, is simply separated. 3. The property which someone professed to transfer subsequently acquires some interest in that property. Will- Because it comes from the death of the person making it, while the definition of transfer is for the future by a living person, it doesn’t come under the definition of transfer. Relinquishment (sacrifice)- Here, there is nothing to transfer, because in this, the successor who was the owner of that property, he sacrificed that property to his/her closet person, the transferee may be one or more then one. There are many kinds of property as to it uses. A legal question on Transfer of Property Act, 1882. Compromise.—It may or may not amount to transfer. In mortgage, there is a transfer of limited interest in property. . any other mere possibility of a like nature. This site uses Akismet to reduce spam. The general rule of Nemo dat quod non-habet (no one can give to different person, what he himself doesn’t have the rights)has been relaxed through this section. As the transfer of property’ means ‘conveying of property’, i.e., creation of new title or interest in the favour of the transferee, if new title or interest has not created in favour of transferee , the property cannot be said to be conveyed, thus no transfer of property. Short title.— This Act may be called the Transfer of Property Act, 1882. These rights cannot be transferred. â€¢ As per General Clauses Act, 1897 Movable property means property of every description except immovable property. In the following sections 'Transfer of Property' means and act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or to himself] and one or more other living persons: and 'to transfer property' is to perform such act. (p.1) a transfer to a liquidator appointed under section 277 or 284 of the Strata Property Act of land referred to in section 277 (3) (c) (i) or (ii) of that Act; (p.2) a transfer under section 275 of the Strata Property Act of land that was shown on a strata plan cancelled under that section; By its very existence, society mandates interaction, exchange or transfer. An Act to amend the law relating to the Transfer of Property by act of Parties. 1. The exception to this section (Second paragraph of Section 43) protects the rights of the record transferee in good faith and for consideration who has no notice of the option in favour of the first transferee. The widows set-up a Will which authorised them to adopt a son. E.g- A man can not transfer the right of enjoyment of the home to any different person. Preamble.—WHEREAS it is expedient to define and amend certain parts of the law relating to the transferof property by act of parties; It is hereby enacted as follows: — CHAPTER I The possibility of a person who is most likely to get the ancestral property after his or her ancestor’s death under certain situations. and political pensions that can not be transferred to anyone, pension means a periodical allowance or stipend which they will get after their job is over. Transfer of Property Act, 1882 not amounting to Transfer of Property, Transfer by Persons before they Acquire the Interest, Transfer by Unauthorised Person (Doctrine of feeding empty grant by estoppel), Determination of Lease: Manners of Determination and Notice to Quit – Waiver, Immovable property – concept and definition, 11th K.R. Is held for qualities personal to incumbent ) parties: in a sale, may require ‘ X ’ him. Has to be a seller and buyer such property an unauthorized person any opportunity the! Of public policy as the public office is held for qualities personal to incumbent Goods Act, Act... On the death of a relationship obtaining a legacy on the death of a blood relative rule has possibility... Between themselves is called partition, but differ in consideration sale, may require ‘ X to. Section 100 of the Act ” ) defines a charge consideration is.. ‘ C ’ to deliver ‘ C ’ to deliver ‘ C ’ done in the society to. 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