Introduction

Transfer of Property Act

An Act to amend the law relating to Transfer of Property
by Act of parties
• Define and amend the existing law
• Not to introduce any new principles
• Principles of equity justice and good conscience
• Transmission of property between living persons into
harmony with the rules affecting its devolution on death
• Furnish/complement the law of testamentary and
intestate succession
• Complete the code of contract law relating to
immovable properties
• Act not exhaustive – omission of the consolidate
• Transfer of Non –agricultural land – List III entry 6
• Transfer of agricultural land – List II entry 18
• State law of agricultural land may override the
provisions of TPA
• State may have the power of placing restrictions
on alienation as well as reopen such transfers and
alienations – of lands belonging to SCs
• Act excludes testamentary succession
• Operation of Law – applied in some cases
Savings clause - Act does not apply to
• Patnis – Patni Regulation and Bengal Regulation
• Surrender of land by razinama and kabulayet
under the Bombay Land Revenue Code
• Local usage in Punjab and Oudh
• Right to partition held in joint tenancy or tenancy
in common – Partition may be made orally
• Right to pre-emption
• Mortgagee entitled to be reimbursed for all costs
reasonably incurred in respect of the mortgage
security
• Zamindar’s customary right to recover sale
considerations for a house sold by the riyaya
• Saving of rights and liabilities created before this
Act
• Transfer by operation of law – testamentary and
intestate succession – forfeiture- insolvency /
auction – court sales
• Title transferred without deed of registration
• Mohamedan Law
• Government Grants – transfer made by or on
behalf of the government – ambiguity – strictly
against the grantor and favoring the grantee