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 individual, 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 divided 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 Preliminary
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 establishes an unified and precise legal framework for the act of parties transferring movable property from one live person to another living person.

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

  • Transfer of property is subject to the concurrent list that gives both the state legislature and the parliament 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.

  • Unlike personal laws, which vary from person to person, the transfer of property Act, 1882 is a statute that applies lex-loci to everyone living 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 parliament 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 list includes 18 other statutes that either directly or indirectly have a bearing on property law 

  • Trusts Act, 1882

  • Specific Relief 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 implicit 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 limitation 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.

Updated on: 09-Mar-2023

783 Views

Kickstart Your Career

Get certified by completing the course

Get Started
Advertisements