Meaning of Transfer of Property

Section 5 Transfer of Property Act

Meaning

• Section 5 of Transfer of Property Act 1882 : "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 it himself and one or more other living persons; and "to transfer property" is to perform
such act.
Essentials

• Transfer of property is an act

• Living Persons
• Conveyance
• Property
• In present or in future
• Transferor and Transferee the Same Person
Kinds of Transfer

SALE MORTGAGE LEASE EXCHANGE GIFT

Transactions not amounting to Transfer of property
• Conveyance- Creation of new interest/ title in the property, therefore, if no
new interest in the property is conveyed, transaction will not amount to TP.
Examples:
- Partition
- Family Arrangement
- Relinquishment
- Surrender
- Will
Readings

• https://www.scribd.com/doc/52482027/Section-5-of-the-Transfer-of-Property-Act-1882
• https://www.academia.edu/6331085/The_transfer_of_property_act_1882
• http://msrlawbooks.com/file/TRANSFER_OF%20_PROPERTY_ACT.pdf