UNIT I

SECTION 1 TO 9
Transfer of Property Act 1882
Introduction
1. Before British Rule
2. After British Rule
o First law Commission- was appointed by the
British Queen primarily to codify the civil
law in India including the law relating to
property.
o Bill was prepared in 1870
o And was introduced in the legislative
Assembly in 1877.
o Referred to the Select Committee- public
opinion, suggestions, redrafted and
referred to Law Commission.
o After several drafts it was passed on 17
February 1882 and came into force on 1
July 1882.
3. Major amendments in 1929 and 2011
Scope of the Act
— The Act defines and amend certain parts
of the law relating to transfer of property
by the act of parties.
— Does not governs the transfers by
operation of law, intestate, testamentary
succession.
— Act not exhaustive. Does not cover all
modes of transfer.
— Mainly deal with immoveable property.
— Exemption of Muslim law- gift, perpetuity
etc.
— Exemption of rights and incidents-
partition.
Territorial Limitation – not applicable in
Punjab
Objectives of the Act
1. As per the preamble of the Act, the TPA
is to amend or regulate the law relating
to transfer of property by the acts of the
parties.
2. Act provides Clear and systematic and
uniform law.
3. Act completes the Contract Act
4. With provisions inter-vivos
5. Not exhaustive.
definitions
sec. 3 “immoveable property”:
does not include standing timber, growing
crops or grass.

According to General clauses Act 1897

immoveable property includes:
1. land:
upon, under and above the surface of the land
eg water accumulated in the pond, sub soil,
minerals, coal, gold mines
2. benefits to arise out of land:
Ø beneficial interest in the property,
landlord,any right exercise over the land
to get profit, fishery
3. things attached to the earth :
Ø things embedded in the earth
eg houses, buildings, walls or elecricity poles
Ø things attached to what is so embedded
in the earth:
doors, windows, shuteters
Case: Shanta bai’s case
Ø things rooted in the earth:excluding
standing timber
growing crops and grass
Section 3 Moveable property
According to General Clauses Act, 1897
Except immoveable property
According to Registration Act, 1908:
Includes standing timber, grass, crops fruits
on the trees.
Section 3 Instrument: document
Section 3 registered
Attested
1. Objective: free consent
2. who can attest: elibility of witnesses
3. Essentials of valid attestation: two
attesing witnesses, signed in the presence
4. Form of attestation
Actionable Claims
1.unsecured money debt
§ Existent debt
§ accruing
§ conditional or contingent debt
2. claim to beneficial interest not in possession
of the claimant
§ the claim is to some moveable property
§ property in possession of another person
§ the right of possession of the claimant is
recognized by the Court.
notice
1. actuall or express notice:
a. definite knowledge
b. knowledge of interesting parties
c. must be related to subject matter

2. Constructive notice:legal presumption

a. wilfully aviodance from inquiry or search
b. Gross negligence
c. registration as notice
d. notice to agent is notice to principal
Section 5
Transfer of property defined- in the
following sections transfer of property
means an 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 of
property is to perform such act.
Section 5 Transfer of property Act
definition of transfer of property
vtransfer of property is an act by which
vliving person
vconveys
vin present or in future
vproperty
vto another living person
vto himself
family settlement, compromise, charge
Section 6 What may be transferred
1) spes- seccessionis
2) mere right of re-entry
3) easement apart from dominant heritage
4) restricted interest
5) right to maintenance
6) mere right to sue
7) public office and salary
8) pensions and stipends
9) transfer opposed to nature of interest
section 7 person competent to
transfer
1. essentials of valid transfer
2. competency of the transferor
• competent to contract
• age of majority
• soundness of mind
• not otherwise disqualified
• entitled to transfer: authority to transfer
Section 8 Operation of transfer
Unless a different intention is expressed or necessarily implied, a transfer of property
passes forthwithto the transferee all the interest which the transferor is then capable of
passing in the property, and in the legal incidents thereof.
Such incidents include, where the property is land, the easements annexed thereto, the
rents and profits thereof accruing after the transfer, and all things attached to the earth;
and, where the property is machinery attached to the earth, the moveable parts
thereof;
and, where the property is a house, the easements annexed thereto, the rent thereof
accruing after the transfer, and the locks, keys, bars, doors, windows and all other things
provided for permanent use therewith;
and, where the property is a debt or other actionable claim, the securities therefor (except
where they are also for other debts or claims not transferred to the transferee), but not
arrears of interest accured before the transfer;
and, where the property is money or other property yielding income, the interest or
income thereof
accruing after the transfer takes effect.
1. Unqualified or unconditional transfer
2. Legal incidents of transfer
§ Land machinery
§ House
§ Debts
§ Interest
3. Unless different intention is expressed
SECTION 11 Restriction repugnant
to interest created
Where, on a transfer of property, an interest therein is created absolutely in
favour of any person, but the terms of the transfer direct that such interest
shall be applied or enjoyed by him in a particular manner, he shall be entitled
to receive and dispose of such interest as if there were no such direction.

1[Where any such direction has been made in respect of one piece of
immoveable property for the purpose of securing the beneficial enjoyment of
another piece of such property,

nothing in this section shall be deemed to affect any right which the transferor
may have to enforce such direction or any remedy which he may have in
respect of a breach thereof.]
section 9 oral transfer
1. delivery of possession
2. registration