Transfer of Property act

Section 5 : Transfer of property : by a living person(companies, associations, etc), future or present.

Section 6: what is an invalid transfer

- chance of being a heir

- right of re-entry for condition subsequent cannot be transferred
- property of easement cannot be transferred
- future act of maintenance cannot be transferred. A has been ordered to maintain b, cannot
be transferred.
- Right to sue cannot be transferred
- A public office and his salary cannot be transferred
- Military, civil political pensioners cannot transfer

Section7 : anyone who is competent to contract is capable of transferring property

Section 8: the things attached with the property also get transferred

Section9: Oral transfer

Section 10: restrictions on alienation: where property is transferred as to limitations/condition,

which absolutely restraints the transferee, the condition/ limitation is void.

- Restraint as to time: exception, when the restraint is just for a short period of time couples
with benefits (repurchase)
- Restraint as to consideration (can be sold at this price only)
- Restraint as to transferee
- Restraint as to the purpose of property

EXCEPTION
1. Lease
2. Married women: non-Hindu, non-Mohammad, non-Buddhist.

Section 11: