GENERAL PRINCIPLES OF TRANSFER OF PROPERTY

In order for a transfer of property to occur there must be an actual conveyance

of the property. The relinquishment of property in favor of coparceners or widow or the

succession of property doesn't amount to transfer of property in above all these there was only

extinction of the rights in the property and not transfer of property. Conveyance that is a creation

of a right in favor of person who has no right in the property by a person who already has a right

in the property. Transfer of property doesn't include creation of easement or a charge on

property.

Actual conveyance means there must be a actual transfer of rights and not merely the

promise to sell at a later date. The immediate transfer of property must be distinguished from the

type of transfer which is about to take place in the future. An agreement doesn't constitute the

transfer of property. Only the registered sale deed constitutes the transfer of property. Even the

agreement followed by the delivery of possession won't be considered as transfer of property.

Division of partnership assets among partners of a firm is not a conveyance because all of

them are already owners of such assets. The execution of deed jointly by a husband and wife

providing that on death of the last executant the property would go to their children did not

amount to transfer of property it is only a will. If the sale of the property is not confirmed by a

secured creditor the transfer of the property won't become effective. A person can even transfer

the property to himself , which means a person acting in one's capacity may transfer the property

to himself acting in another capacity.