THE TRANSFER OF PROPERTY ACT (1994). By R.K. Sinha.

Central Law
Agency, Allahabad. Pp. xx+430. Price Rs. 80.

THE LAW with regard to transfer of immovable property was for the first time
codified in India in the year 1882.1 Prior to the enactment of the Act, the
transactions with regard to such property were governed by a few regulations and
the principles of justice, equity and good conscience. There was no uniformity of
judicial principles and the case law had become full of conflict and confusion. In
order to meet these difficulties, a commission was appointed in England to prepare
a code of substantive law of transfer of property for his country. The first draft of
the Act was prepared in 1870 but it could become Act only in 1882. Notwithstand-
ing the skill and learning of eminent lawyers and jurists associated in the framing
of the Act its working had revealed many omissions and defects and a large mass
of conflicting case law emerged.2
To resolve the above problem the Act was amended twelve times within its
first forty years and a general revision of the Act was undertaken in 1929.^
Moreover, the Act did not 'consolidate' the law on the subject and its object, was
only to define and amend the existing law.4 It makes the law more complex as
leaving the scope for the principles of equity, justice and good conscience which
were not expressly amended by the Act. It is noteworthy here that on such a
complex, delicate and difficult subject a significant number of books of different
size and style have been written by eminent lawyers and authorities of the present
century and majority of such books hold the field for about sixty to eighty years.5
The book under review6 is another addition to the literature on the Transfer of
Property Act.
It is really interesting to go through the book which is mainly a section wise
commentary yet it comprises the merits of both; section-wise and lecture-wise
commentaries, as the correlated matters have been dealt within the particular
section. The book has been divided jnto eight chapters in addition to a short but
impressive introduction in the beginning. The introduction of the book is mainly
based on "Preamble" of the Act. It deals with the object and scope of the
enactment The scope of the Act includes its limitations with respect to subject
matter as well as to the mode of transfer and its territorial jurisdiction. A brief
reference to various amendments have been given in the 'Introduction1.
Chapter I is 'Preliminary' which runs from section 1 to section 4 of the Act.
It deals with territorial jurisdiction, repeal and saving of certain Acts and rights
and the interpretation clause which provides definitions. Section 4, the last section

1. The Transfer of property Act 1882 (Hereinafter referred to as the Act).

2. S.M. Lahiri. The Transfer of Property Act (19th ed. 1970); Shah S.M., Principles of the Law of
Transfer (5th ed.. 1980).
3 The Transfer of Property (Amendment) Act 1929.

www.ili.ac.in © The Indian Law Institute

1996] BOOK REVIEWS 269

in this chapter, provides that some provisions in the Act are complimentary, and
supplementary to the Indian Contract Act 1872 and the Indian Registration Act
1908.
Chapter II is divided into two parts, A and B. Part A, includes sections five
to thirty seven which are applicable to transfer of immovable property as well as
to movable property. This part includes the definition, essentials and subject
matter of a valid transfer. It also deals with conditions, unborn persons, rule
against perpetuity, doctrine of election, etc. Part B, includes sections thirty eight
to fifty three-/^ which are applicable only to the transfer of immovable property.
It deals with some important topics, e.g., ostensible owner, co-owner, lis pendens,
fraudulent transfer, past performance, etc. It is the largest chapter in the book.
Chapter III deals with sale. It includes definition and mode of sale, rights and
liabilities of buyer and seller and a comparison with exchange and gift Chapter
IV deals with mortgage. It includes definition and kinds of mortgage, rights and
liabilities of mortgagor and mortgagee, charge etc. Chapter V deals with leases
of immovable property. It includes definition, duration, termination, mode of
transfer and rights and liabilities of lessor and lessee. Chapter VI is the smallest
chapter in the-book wfiich deals with the exchange. Chapter VII is devoted to gift.
It provides definition, essential and mode of making gift, its kinds and scope. The
last chapter VIII relates to the transfer of actionable claims, its definition and
scope. Each chapter in the book has been written in an uniform and lucid style with
clear exposition of thejaw. The Act is not exhaustive and it does not profess to
be a complete"code, therefore, it must be read with relevant provisions in other
laws, e.g., Indian Registration Act, Indian Limitation Act, Specific Relief Act and
the Code of Civil Procedure. The book incorporates all these relevant laws as well
as the Benami Transactions Act 1988, which affected the provision of Transfer by
ostensible owner7 to a great extent and marks a distinction amongst other text
books written on this subject.
The central idea behind Sinha has been to provide to the students preparing
for LL.B. and competitive examinations, a book containing all the topics in a
simple language relieving them from extra burden of consulting huge volumes of
leading authorities beyond their reach.8 This reviewer feels that the author has
been successful in this respect and deserves appreciation. The provisions of the
Act in respect of definitions given in the Interpretation Clause9 are complicated
and incomplete as the Act does not definte 'property' and even the words used in

4 H.R. Khanna and P.M. Bakshi, Mulla on the Transfer of Property Act (7th ed. 1985).
5. M H . Beg. S.K Verma, S. Gaur, The Law of Transfer (9th ed. 1987, 1989, Two Vols); S.N.
Dwivedi,^. Row's Transfer of Property Act (3rd ed. 1971) A.K. Ray, The Transfer ofProperty Act (8th
ed. 1962 Two vols.); S.K. Ray, B.B Mitra, Transfer of Property Act (15th ed. 1988); S.N. Shukla, The
Transfer ofProperty Act (20th ed. 1992), K.K. Menon, The Law of Property (1971). B.N. Pradhan, The
Transfer of Property Act (2nd ed. 1973); G.P. Tripathi, The Transfer of Property Act (3rd ed. 1982),
and books cited in supra notes 2 and 4.
6. R.K. Sinha, The Transfer of Property Act (1994).
7. S. 41. The Transfer of Property Act.
8. Supra note 6 at II.
9. S. 3 of the Act.

www.ili.ac.in © The Indian Law Institute

270 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 38 : I

the definition of "immovable property" need further definition. One has to look
to the General Clauses Act 1897 in order to find out the meaning of "immovable
property" which again gives an exclusive and inclusive definition. In this context,
the task of a textbook writer becomes more difficult in presenting a clear
explanation of the technical concept in simplest possible language with suitable
illustration for the beginner. The author has made a good attempt in explaining
these complex terms under the Act10. The term like "Transfer of Property" has
been nicely explained by the author giving brief and clear idea of the law before
coming to the actual analysis of the section.11 The author feels that the object of
a text-book is first to explain the fundamental concepts and then to state the law
in the light of those concepts. The book fulfills the above object by providing a
preliminary knowledge of the legal principle in the begining of the discussion on
a particular section.13 This approach of the author of giving lucid examples makes
the complex legal provision like 'rule against perpetuity' easy to understand to the
reader.14 He thus, succeeds in his primary object of writing a textbook on the
subject.
Another requirement of a student of law is to know the distinction between
similar but different concepts like vested and contingent interest. Sinha deals with
such distinctions under different headings with the help of good illustration in
order to make them understandable.15 Further, to know the law in force in different
parts of the country, it becomes necessary to have the knowledge of various state
amendments in respect of a particular provision of the Act. The author incorpo-
rates the state amendments in various sections wherever relevant in order to give
a complete picture of the law on a subject.16 The Act did not abolish the English
doctrine of 'equity', 'justice' and 'good conscience' as it had not repeated the
existing law, therefore, those doctrines are still relevant which have not been
amended by the Act.17 In this context, it becomes necessary to have the knowledge
of common law principles vis-a-vis the Transfer of Property Act. The book
incorporates the comparative picture of English doctrines as incorporated in the
Act and the Indian law within its bounds at some places wherever necessary.18
The art of writing a good book specially on the law subjects requires utmost
sincerely and care more particularly in modern times when a bulk of literature is
coming out in the market as a result of ill efforts of a few authors sometimes or
the zeal of the publishers to expand their business. Such a situation calls for
attention of the writers to prevent the legal literature from being polluted with
errors. Every care has been taken by the author to ensure, as he claims,19 the

10. For example, definitions of "Immovable Property", "Land", supra note 6 at 17-8, "Regis-
tered" id. at 27, and "actual possession" as notice of title, id at 38, 39 and 40.
11. A/, at 46.
12. Id preface, at I.
U.Id. at 165.
14. Id. at 92.
\5. Sinha at 109.
16 Id. at 171,381-82.
17. Supra note 4.
18. Sinha at 201.
19. Sinha at II.

www.ili.ac.in © The Indian Law Institute

1996] BOOK REVIEWS 271

correct statement and exposition of the law in the book. This reviewer wishes to
point out some mistakes in Sinha not with the purpose of criticising the book but
with the objective of improving the next edition of the book. If suffers from a few
printing mistakes.20 Such mistakes could have been avoided through careful
scrutiny.
To bring out a good book particularly on a law subject requires not only the
effort of author but the labour and skill of trained persons engaged in printing,
publishing and proof reading also. The publisher has presented an excellent
printing. However, a few mistakes escaped from their eyes in construction of some
sentences.21 Furthermore the reviewer finds a single mistake repeated at various
pages regarding the exposition of the law of registration. 22 Had the author
laboured a bit more, these omissions chould have escaped from the book.
The quality of a book by and large depends upon the expertise of editorial
assistance availed of in its writing and publication. This reviewer, after making
a careful and thorough survey of the book would like to observe that the present
book does not came up to the standard of a first class publication. Some mistakes
are found in the citation and references of cases mentioned in the book and 'Table
of cases'. About 26 cases in the 'Table of cases' do not find discussion on the
pages mentioned against them.2'* Further, about 44 cases which find discussion in
the book, are missing from the Table.24 Furthermore, some mistakes are of such
a nature that one wonders as how to get the correct reference of case. 25 These
mistakes could have been avoided by the author and the publisher by engaging
expert editional hands which is now available on small payment; it is suggested

20 For example, 'Actionable claims' has been printed for 'actionable claims', supra note 5,
'provide on exhaustive, id at 6 for 'provide an exhaustive', id at 6 for 'mortgagor', 'same ot its
provisions',^ at 9, tor'some ot its provisions', oepration ' id at 12 lor 'operation', 'provision' id at
38 for 'proviso', 'transfer to make effect', id at 96, tor 'transfer to take effect, 'express tor implied',
id at 37, for 'express or implied' and 'time form which', id at 372 for 'time from which' etc
21 For example, see, id at 1102, a sentence as "The rights, liabilities or any other remedy there
under which already vested out of any legal relationship before this Act was enforced, remain in tact
even it they are against any provision of this Act " Further, id at 53 "under section 6 are included also
those properties which are made non-transferable under other laws enforced"
22 For example, see, Where the registration of document is compulsory in the case of tangible
immovable property ot the value ot one hundred rupees and above, the reviewer finds mention in Sinha
'immovable property of the value exceeding one hundred rupees', id at 44, 75 and 206, which gives
an erroneous impression to the reader that the registration is not necessary in the case of the property
of one hundred rupees
23 For example, Abinash Chandra v Dasarath Abdul Sattar v Rameshwar, Associated Hotel of
India v R N Kapoor id at XIII etc
24 For example. Motibhai v Desatbhat, supra note 6 at 11, Mohammad Raza v Mst Abbas Band
Bibi id at 14, Abdul Jabbar \ \enkata Sastri, id ailSJnderv Raghubir Singh, id at 31 etc
25 For example, Ramnarain v Adhindra Nath, A I R 1916 P C 119, is mentioned. 'Narayana
Singh v Adhindra Nath in the Table and 'Narayan Singh v Adhindra Nath in the body supra note 6
at239, Nathu v Burtonath as Nathu Khanv Burtnath, id atXVII.219, Lai Umrao Singh v Lai Singh
as Lala Uma Rao v Lai Singh id at XVI, 22, Poovanalmgam v Veerayi as Poovanalwgam v Veeryi
id at XVIII. 161, Ahmad Hitsam\ Kalltt as Ahmed Hussain v Kallu id at XIII, 181, Sunder Kuer v
Udey Ram as Surendra Kuer v Shah Udey Ram, id at XIX, 25, Bhaskar v Shrmarayan as Bhaskar
Warman v Narayana Ram id at XIII, 273. etc

www.ili.ac.in © The Indian Law Institute

272 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 3 8 : 1

to avail the services of such experts for making improvements in the next edition.
This reviewer is of the view that the aforesaid observations have been made
keeping in view the object of improving the quality and utility of the book as it
may be useful for LL.B. as well as LL.M. students.
The book is upto-date in respect of judicial decisions as it incorporates the
recent case laws up to November 1993.26 One finds a good deal of recent cases
of 1990, 1991, 1992 and 1993, mentioned in the book. There has been a good
development of case law, recently, on the law of property in view of scientific and
technological changes and the rapid growth of industries and multinational com-
panies. These developments are well found in the book. However, cases like
Parmeswaran v. Krishnan21 deserve to be discussed in the body rather than be
referred to in the footnote. In case of a sale, the language used in the sale deed
has always been subject to judicial scrutiny in order to infer whether the transac-
tion is sale or otherwise. In Khiria Devi v. Rameshwar Rao,2S the sale deed
provided that "all rights and privileges in and concerning the suit property either
in praesenti or accruing in future as vesting in the vendor, were the subject matter
of sale and that the vendor, retained no right of any kind whatsoever". The court
held that the right of reconveyance under contract for sale was transferred by
impunged sale deed. Further, in the matter of termination of tenancy, the require-
ment of notice is most relevant for its determination. In Kulkarni Patterns Pvt.
Ltd. v. Vasant Baburao Ashtekar29 the Supreme Court held that in case of a
company, notice as required by section 106 of the Act, could be sent by registered
post in the name of the company. These cases deserve to be mentioned in the book.
This reviewer feels that a comprehensive 'index' at the end of book could have
provided for the convenience of the readers and added more value to the book.
In spite of these few mistakes, omissions and commissions, the book under
review is indeed a very useful and remarkable for its completeness. It is a best
guide and friend for those who are preparing for judicial services examinations
and LL.B. students for whom the book has been primarily written. The publisher
deserves thanks for keeping the price of the book at Rs, 80 which is within the
reach of students. It is hoped that the book will run into several editions and in
the future editions some mistakes noticed in this review may be removed.

Bishnu Prasad Dwivedi*

26. Id. preface at I.

27. A.l.R. 1992 S.C. 1135, see, id at 349, f.n. 1.
28 A.l.R. 1992 S.C. 1482. See also, XXVIII A.S.LL. 144 (1992).
29. A.l.R. 1992 S.C. 1097.
* B . S c LL.M. (B H.U.). Lecturer in Law, North Bengal University, Darjeeling.

www.ili.ac.in © The Indian Law Institute

 BOOKS RECEIVED FOR REVIEW

D.N. SARAF, Law of Consumer Protection in India (2nd ed. 1995). N.M.
Tripathi (P) Ltd., 164 Samaldas Gandhi Marg, Bombay.

K.S/N. MURTHY AND K.V.S. SARMA, Modern Law of Insurance in India.

N.M. Tripathi (P) Ltd, Bombay. Pp. xx+340. Price Rs, 300.

M.A.A. BAIG, The Constitution of India and Gender Justice (1995). Orissa
International Society, P. Box 22, GPO, Berhampur-1. Pp. 64. Price Rs. 125.

R.K. AB1CHANDANI, Mulla on the Transfer of Property Act, 1882. (18th ed.
1995). N.M. Tripathi (P) Ltd., Bombay. Pp. xxxi+1125. Price Rs. 650.

R.P. DHOKALIA AND B.C. NIRMAL (ed.), International Court in Transi-

tion (1994). Chugh Publications, 2 Strachy Road, Civil Lines, Allahabad. Pp.
xvi+351. Price Rs. 500,

SURENDRA MALIK, Central Administrative Tribunal Digest 1986-94(1995).

Eastern Book Co., 34 Lalbagh, Lucknow-l.Pp. clxvii+885. Price 480.

www.ili.ac.in © The Indian Law Institute