Meaning of Transfer of

Property
By- Dr. Priyanka
 Section-5 Transfer of Property
 “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, and one or more other
living persons; and “to transfer property” is to
perform such act.
1. Living Person- Naranbhai V. Suleman-
Transfer only between two living
person( inter vivos)
Living person includes- company,
association, body of individuals.
Ragendra V. C Gounder- Idol of God or
Temple does not include. It is covered
under Religious and Charitable
Endowment Act
2. Conveyance of Property-Creation of new title
or interest in favour of the transferee.

Permits B to stay

(Owner) A B
A execute al lease deed
(Owner) A B( Tenant)( 5000 per month)
A executes a sale deed

(Owner) A B
3. In Present or Future-The term in present or in
future qualifies the word convey and not the
term property.
Case Law- Sumsuddin V. Abdul Husein
It doesn't refer to the conveyance of the future
property, but may include conveyance of an
existing property in future.
4. Transfer to himself- Transfer in one capacity
and receives it in some other capacity.
 Section 6- What may be Transferred
 Section 6- property of any kind may
be transferred, except as otherwise
provided by this Act or by any other
law for the time being in force.
 Transfer of Spes Successionis
 A right to re-entry
 Easement
 Interest Restricted to Personal
Enjoyment
 Right to future Maintenance
 Mere right to sue
 Offices and Salary
 Stipends
 Transfer Opposed to the nature of

Interest
 Transfer to a Person Legally
Disqualified
1. Transfer of Spes Successionis –
Heir Apparent- Living person does not have
any heir
Chance- probability, possibilities
For example- A family consists of father F and
Son S, F is the owner of certain properties. As the
ownership is with F, during his lifetime, on one
else including the son can ordinarily sell the
property without his consent. The son is the heir
apparent, i.e. if F dies intested, S would inherit
this property. As S is the heir apparent, his
succession to he properties in the future is a
chance.
Example-
Family consists- Father ( F), Wife( W) and Daughter
(D).
Instead of making a will
F W
Asked to D sigh the release deed to the effect.
When the father dies she claimed the half of
the property by way of his heir. (Samsuddin V. Abdul
Husein)
Whether she can do so?
Whether it is valid or void?
Official Assignee, Madras V. Sampath Naidu-
A mortgage executed by an heir apparent was
held as void by the court even though he
subsequently acquired the property as an
heir.
Legacy on the death of a Karta-
A legacy is money or property is given under a
will.
2. A Right of Re-entry:
This right is available to the owner of the
property.
This is personal right
Example-
A purchased goods from B, on higher purchase agreement
A B
Term- A would take the property and would
pay the installments on time. If he fails. Who
has right to enter into the premises of A?
3. Easement-
An easement is a right which the owner or
occupier of certain land possess for the
beneficial enjoyment of that land.
Easement rights means to enjoy the benefits
arising out of land
Example- Right to way, Light, Water
Easement

Dominant Heritage Servient Heritage

Sital V. Delannery- An easement can not be
transferred apart from the dominant heritage.
This right of access applies to properties that have no
direct access to a public road or space, so the only
way to these properties is to cross a property owned
by someone else.
4. Interest Restricted to Personal Enjoyment-
Right to pre-emption- Preferential Right to buy

Partition of Property
A B
5. Right to Future Maintenance-
Future maintenance in whatsoever arising,
secured or determined, cannot be
transferred. – Will, deed of compromise,
divorce maintenance.
Case- Ramprasad V. Motiram
Right to maintenance is personal right which
can not be transferred even future
maintenance is also inalienable.
6. Mere Right to Sue-
Personal right
Only aggrieved party can use it
Contract for sale of property

A B
Case- Sundar V. Ramdass-
The right to sue for damages concerning defamation
can not be transferred.
7. Offices and Salary-
A salary of public officers can not be
transferred.
Public office or officer means a person who is
appointed to discharge a public duty.
Case- State of M.P. V. Sandhya Tomar
The salary of government servant can not be
transferred.
8. Stipends-

9. Transfer for Unlawful Object or Consideration-

Oppose to public policy
Use for brothel, gambling, illicit co-habitation,
bribe, prostitution
Section 23 of Indian Contract Act, 1872
Case- Ghoga Lal V. Pujari- A lease of property for
brothel purpose, would therefore unlawful.
10. Transfer to a Person Legally Disqualified-
Not the owner
Sound Mind
Example- a person is assigned officially a duty
in connection with the sale of property, he
can not purchase the same.
Judges, Legal practitioner or an officer of the
court.