Q. Define the term Transfer of property , what are the Essentials of a valid Transfer of Property?
Transfer of Property means an act by which a living person can conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more or other living persons, and to transfer property is to perform such act.
The object of the Transfer of Property Act is to define and amend law relating to Transfer of Property by act of parties and not to transfer by operation of law. A Transfer of Property is a contract hence all necessary requirements to constitute valid contract are to be fulfilled.
Essentials of valid transfer
There are 8 essentials of Transfer of Property , which are as follows -
A) Transfer must be between two or more living Persons (Section.5) -
The Transfer must be inter vivos. Therefore there cannot be a transfer to person not in existence at the time of transfer. The living person including company or Association or body of individuals whether incorporated or not .
B) The property must be transferable (Section. 6) -
Property of any kind of may be transferred, excepts as otherwise mentioned in S.6(a) to (I) cannot be transferred. Therefore those properties described in the clauses (a) to(I) of Section.6 cannot be transferred. These are restrictions on the Transfer of Property and any transfer in contravention of any of the clauses given in Section 6(a) to (I) is null and void.
C. The Transfer must not be -
1) opposed to the nature of interest affected thereby Section.6 (h) ;
2) for unlawful object and consideration as per provision of Section 23 of the Indian Contract Act 1872,
which provides a consideration or object is unlawful if -
a) It is Forbidden by law, or
b) It is of such a nature that it defeats the provision of any law, or
c) is fraudulent, or
d) it involves or implies injury to the person or property of another or
e) the court regards it as immoral or opposed to public policy.
3) To a person legally disqualified to be a transferee. As per Section 136. of Transfer of Property Act, a Judge, a legal practitioner are an office are connected with Court of Justice are disqualified from purchasing in actionable claim. This prohibition is only with respect to actionable claim. It does not apply to any other kind of property.
D) Persons competent to transfer (Section.7) -
Every person is competent to contract and entitle to transferable property, or authorised to dispose off Transferable property not his own, is competent to transfer such a property either wholly or in part, and either absolutely or conditionally, in the circumstances to the extent and in the manner, allowed and prescribed by any law for the time being in force.
Who is competent to transfer ? The transfer your must be -
1) Competent to contract -
According to Section 11 of the Indian Contract Act, every person is competent to contract who is the age of majority. under section.3 of the Indian majority Act,1875 a person attains majority at the age of 18 years and if a Guardian is appointed, he would attend majority at the age of 21.
2) Sound mind -
Under section 12 of the Indian Contract Act, a person is of sound mind of the purpose of making contract if he is capable of understandings it and of forming a rational judgement as to its effect upon his interest. A contract made by a person of unsound mind is void
3) Disqualified person -
An insolvent and alien enemy are disqualified from contracting. A transfer by a defacto Guardian of minors property is invalid and will be hit by section 11 of Hindu minority and guardianship Act, 1956.
4) Transferor must be entitled to transferable property - or authorised to dispose off Transferable property not his own. One who is absolute owner of the property and property is free from encumbrances is capable to transfer the same. An owner of the property May authorise his power of attorney holder to transfer the property for him and on his behalf.
The Transfer must be made in the mode prescribed by the Act, under section 9 . -
Section 9 of Transfer of property provides that for oral transfer, A Transfer of Property may be made without writing in every case in which a writing is not expressly required by law.
Writing is necessary in case of following instruments -
1) sale of immovable property of the value of rupees hundred or upwards (S.54),
2) leases of immovable property from year to year for a term exceeding one year or reserving a yearly rent (Section 107)
3) simple mortgage irrespective of amount secured (Section 59 ),
4) All other mortgages securing Rs100 or upwards (section 59)
5) Exchange ( section 108)
6) Gift of immovable property (section 123)
7) Transfer of actionable claim (section 130)
F) If on transfer an interest in created in favour of an Unborn person - under section 13 ,
a) limited interest to be created in favour of living person,
b) Unborn person shall be born before expiry of Limited interest,
c) Once the Unborn person is born, he shall be given absolute interest on attending the age of majority.
G) The Transfer must not be contrary to the rule against perpetuity (section 14) -
S.14 provides that vesting cannot be postpond beyond the life of living person or minority of unborn person. Such transfer if made is void.
H ) Conditional transfer -
If transfer is conditional, the condition must not be illegal, impossible, immoral or opposed to public policies
Relevant Case Law
1) Sadiq Ali Khan Vs. Jai kishore,1928.
Privy Council observed that a deed executed by a minor was nullity. Principle of estoppel cannot be applied to a minor. A minor is not competent to transfer yet a transfer to a minor is valid .
2) Amina Bibi vs Saiyid Yousuf 1922.All. 449.
A contract made by lunatic is void under section 11 of the Indian Contract Act, and so also, transfer by him of his property is void.
3) K Kamama Vs. Appana
U/s. 11 of Hindu minority and guardianship Act, 1956 a defacto guardian is merely a manager and cannot dispose off minor's property. In this case a defacto guardian sold property of a minor, the court declared the sale invalid.
I am incapable of reading articles online very often, but I’m happy I did today. It is very well written, and your points are well-expressed. I request you warmly, please, don’t ever stop writing. House for SaleReplyDelete
Thanks for notesReplyDelete
loved your effortsReplyDelete
Thanks for taking the time to discuss this, I feel strongly about it and love learning more on this topic. If possible, as you gain expertise, would you mind updating your blog with extra information? It is extremely helpful for me. ChoreReliefReplyDelete
Hi, just passing by to see something very interesting and gladly I've found it here. Thank you for your wonderful article it really helped me a lot. You can also visit my site if you have time.raleigh roofingReplyDelete
Hello, Focusing on the database has become such a necessity today especially in today’s data-driven technology and internet with millions and billions data storage capacity into various storage points. It’s good to see this article start with a data set pointReplyDelete
I accustomed to run a company that needed me to create several cash transfers each week. Due in order to umpteen foreign currency fluctuations on the market, I needed to locate a viable platform that may afford me using the best settings of cash transfer assessment.richmond hill homes for saleReplyDelete
Best Realtors in Surrey to list your home or condo. A Chinese speaking Realtor that can converse in Mandarin, Cantonese, and English. A Top 1% PREC Team Member for over 10 years in a row.Home for sale in Bucks County
We actually just updated our trust this year–we had created it years ago, but since then a lot has changed, including having another child, selling our house and buying another one, and the couple that we had designated as guardians getting a divorce–so it was definitely time. The relief of having it all up-to-date now is huge.Home for sale in Bucks CountyReplyDelete
Thanks for taking the time to discuss that, I feel strongly about this and so really like getting to know more on this kind of field. Do you mind updating your blog post with additional insight? It should be really useful for all of us.property in bangalore
What a wonderful and caring daughter you are indeed, I am sure she knows you are there xx.Forett Bukit TimahReplyDelete
Cool stuff you have got and you keep update all of us. Las VegasReplyDelete
Since its implementation, a sharp reduction in foreign demand for private residential properties was observed. the flowReplyDelete
I accustomed to run a company that needed me to create several cash transfers each week. Due in order to umpteen foreign currency fluctuations on the market, I needed to locate a viable platform that may afford me using the best settings of cash transfer assessment.chattanooga real estate doctor
I accustomed to run a company that needed me to create several cash transfers each week. Due in order to umpteen foreign currency fluctuations on the market, I needed to locate a viable platform that may afford me using the best settings of cash transfer assessment.hiring a ghostwriter cost.Minivan & VAN Rental NelspruitReplyDelete
Thank you! Very helpful. Sonia Randhawa
I am impressed by the information that you have on this blog. It shows how well you understand this subject.Sonia RandhawaReplyDelete
This is a decent post. This post gives genuinely quality data. I'm unquestionably going to investigate it. Actually quite helpful hints are given here. Much obliged to you to such an extent. Keep up the acts of kindness.Sonia RandhawaReplyDelete
Can I simply say what a aid to search out somebody who actually is aware of what theyre talking about on the internet. You positively know tips on how to carry an issue to light and make it important. Extra individuals need to read this and perceive this aspect of the story. I cant consider youre no more popular since you undoubtedly have the gift.sonirwReplyDelete
I found it quiet interesting ,Thank you for posting the great content…I was looking for something like this…, hopefully you will keep posting such blogs.bat dong san ping landReplyDelete
I found it quiet interesting ,Thank you for posting the great content…I was looking for something like this…, hopefully you will keep posting such blogs.Sonia RandhawaReplyDelete
They're produced by the very best degree developers who will be distinguished for your polo dress creating. You'll find polo Ron Lauren inside exclusive array which include particular classes for men, women.Sonia RandhawaReplyDelete
I hope that one day I can make it to the West Coast and also tour Victoria, BC. It would be a wonderful trip and memorable adventure to me as I am originally from the states and have life in Ontario for just 13 yrs now. My husband is Canadian. I love to travel and see new sites and this is one of my places I’d love to visit. I have gotten to a few spots here in Ontario but would love to go on a longer adventure even by train would be amazing. Coming by train would be interesting.Dubai Hills Estate Golf ClubReplyDelete
Our services are available in all cities of Minneapolis and its surroundings. We are having years of experience which enabled our customers and clients to trust our services.Sonia RandhawaReplyDelete
They're produced by the very best degree developers who will be distinguished for your polo dress creating. You'll find polo Ron Lauren inside exclusive array which include particular classes for men, women.college essay brainstorming
Wow! This blog looks just like my old one! It as on a completely different topic but it has pretty much the same layout and design. Outstanding choice of colors!Sonia Randhawa
Definitely agree with the first tip because you have to make sure your home is ready before you list it in the market. Improvements are really important and staging as well will help in getting the best possible price when selling your home. After the improvements, it is also good to get a professional photographer to take photos of your home that will highlight the areas of your home and help to attract potential buyers. Awesome blog by the way and thanks for sharing.we buy houses floridaReplyDelete
I really loved reading your blog. It was very well authored and easy to undertand. Unlike additional blogs I have read which are really not tht good. I also found your posts very interesting.best florida online real estate schoolReplyDelete
Im no expert, but I believe you just made an excellent point. You certainly fully understand what youre speaking about, and I can truly get behind that. https://sieukeo.com/ty-le-keoReplyDelete
Can I simply say what a aid to search out somebody who actually is aware of what theyre talking about on the internet. You positively know tips on how to carry an issue to light and make it important. Extra individuals need to read this and perceive this aspect of the story. I cant consider youre no more popular since you undoubtedly have the gift."ReplyDelete
Yes i am totally agreed with this article and i just want say that this article is very nice and very informative article.I will make sure to be reading your blog more. You made a good point but I can't help but wonder, what about the other side? !!!!!!Thanks.pokies online new zealandReplyDelete
This unique in fact perhaps even a very good arrange that i believe it or not in fact really enjoyed looking into. It is not necessarily consequently routine that i range from the substitute for verify a precise detail.Sonia RandhawaReplyDelete
sir can you give helpful question-bank with answers to prepare for Gulf Sahodaya Saudi chapter for class 11 ? maths physics chemistry and computer science subjects..thanks for your help.Sonia RandhawaReplyDelete
Definitely agree with the first tip because you have to make sure your home is ready before you list it in the market. Improvements are really important and staging as well will help in getting the best possible price when selling your home. After the improvements, it is also good to get a professional photographer to take photos of your home that will highlight the areas of your home and help to attract potential buyers. Awesome blog by the way and thanks for sharing.Sonia RandhawaReplyDelete
On our lush green lawns, we have a grilling patio area covered by garden tents. We have lawn games upon request for family fun. Also, you can relax by the fire pit and roast marshmallows, to make mouth-watering s'mores.Sonia Randhawa
I throb people to realize just how affable this pay for an opinion is for your article. Its enticing, compelling content material. Your perspectives are much gone my personal getting into excuse to for this subject matter.Sonia RandhawaReplyDelete
you said that an entrepreneur should value his freedom. We lose our focus amidst all the worries and the hunger to earn more money. The sole priority as to why we chose to be entrepreneurs is lost somewhere in the darkness.Manchester MarketReplyDelete
It is a nice article, thanks Apartments for sale in Dubai.ReplyDelete
Our online courses are designed to help you build your future despite the hard times. We know what it feels like to want a better future but not know where to start. We are proud to be your starting place. Christine Sanni has built an award-winning career in technology; expanded her commitment and efforts towards environmental conservation; and is focused on helping others understand what makes them great. If you want to get the best place for online course visit Online learning sitesReplyDelete
Finding professionals is easy with Organic food Providers. Search our website to instantly connect with business and professionals. For professionals, our website works as a powerful tool for attracting more clients.ReplyDelete
Really interesting to read the story here shared and I feel special. The way the story presented also makes us more interesting. I'm looking forward to these kinds of the informative article and continue sharing more stories like this.izmir istanbul ucak biletiReplyDelete
I have read your blog. I really like it very much and very impressed with your written style. I want more similar topics about this post to increase our knowledge. Thanks for sharing a great post with me.pegasus check inReplyDelete
I am unquestionably making the most of your site. You unquestionably have some extraordinary knowledge and incredible stories.turk hava yollariReplyDelete
Preferably each picture ought to be tended to independently as the imperfections will change from picture to picture.real estate home inspectionReplyDelete
Saved as a favorite, I like your blog! villas for sale in Arabian ranchesReplyDelete
You've made some really good points there. I checked on the internet for additional information about the issue and found most people will go along with your views on this website.cabo del solReplyDelete
You've made some really good points there. I checked on the internet for additional information about the issue and found most people will go along with your views on this website.cabo del solReplyDelete
Hi, Our fully furnished and well equipped apartments available for short term rental between 1-6 month or long term from 6 month onwards for affordable monthly rentals, together with the comfort of a weekly cleaning service if desired. Everything like electricity, heating, TV, WiFi, washing machine/dryer, water, taxes, common fees are included. Just send us details which kind of apartment you are looking for e.g how many bedrooms, which district, renting period … and we will find the perfect place for you. Just fill out the contact form next to the listed apartment. Budapest ImmobilienReplyDelete
Wow i can say that this is another great article as expected of this blog.Bookmarked this site.. broward criminal lawyersReplyDelete
We offer a comfortable and trouble-free holiday experience in our motor yacht charter and luxury gulet charter services. We have a portfolio that meets all luxury demands such as jacuzzi, speedy, air-conditioned in all our motor yachts. For more visit gulet charter turkeyReplyDelete
Allentown, Pennsylvania Real Estate Solutions For Sellers, Investment Property Buyers, And Investors. We buy, fix, and sell vacant house sell Pennsylvania real estate to improve our communities and help local investors participate in the real estate market right alongside us.ReplyDelete
The significance of assessing every business land exchange with an outlook that once the Closing happens, there is no returning. The Seller has your cash and is gone.Ki residencesReplyDelete
Creative, and advanced social media strategies for building your brand, showcasing, and gaining customers. We analyze your space and specify the best perspective, sound to use, audience creation, and targeting.social media marketing companyReplyDelete
They define your floor plan, divvying up the footprint of your space into multiple rooms. Walls support artwork, bookshelves Villa For Rent In Thao DienReplyDelete
I learn some new stuff from it too, thanks for sharing your information.Mens Business SuitsReplyDelete
It’s hard to come by well-informed people for this topic, however, you seem like you know what you’re talking about! Thanks granite countertops az
This website was... how do you say it? Relevant!! Finally I have found something which helped me. Thank you! real estate SEO services
Noche paris fashion Started in 1972, We are Specialised. A leading brand in clothes company operating across the Belgium.ReplyDelete
Provide you the best quality Leather Motorcycle Jacket
I was pretty pleased to find this page. I wanted to thank you celebrity homes for ones time for this wonderful read!! I definitely liked every bit of it...ReplyDelete
All the contents you mentioned in post is too good and can be very useful. I will keep it in mind, thanks for sharing the information keep updating, looking forward for more posts.Thanks real estate developers dubaiReplyDelete
Great article with excellent idea!Thank you for such a valuable article. I really appreciate for this great information.. apartments in Ann ArborReplyDelete
I know these things but for some reason it’s tempting on certain days to second guess and think these boys just aren’t giving it their all. But they are, I know they are.sugar daddy
The long-lasting quality of our product and its ability to trendily yet classily enhance your style statement will make you return for more! Ask your queries, and our customer representatives will respond to them as soon as possible. Email us on the given email address, and we will respond to you effectively. Guess Shopping BagsReplyDelete
One of the basic questions you have to answer when you get a real estate investing website is "How do I get my website configured to get the best results?" Real estate investing has many business models - buying houses, buying notes, short sales, fixing and flipping, wholesaling. The list goes on and on. Or your business can be a combination of different business models.sugar daddyReplyDelete
Our company is currently selling properties in Albania in the areas with the highest demand by foreign and local buyers. First, we listen carefully to what our clients are looking for. Apartament for sale in VloraReplyDelete
I think this is an informative post and it is very useful and knowledgeable. therefore, I would like to thank you for the efforts you have made in writing this article.we buy houses for cashReplyDelete
Thank you for the sensible critique. Me & my friend were just preparing to do a little research about this. We got a book from our local library but I think I learned more from this post. I’m very glad to see such magnificent info being shared freely out there. Cryptocurrency web App Build Exchange WebsiteReplyDelete
Everything you need to know about News is very much important to us. 3d animation companies in KarachiReplyDelete
I wanted to thank you for this excellent read!! I definitely loved every little bit of it. I have you bookmarked your site to check out the new stuff you post. more infoReplyDelete
Positive site, where did u come up with the information on this posting?I have read a few of the articles on your website now, and I really like your style. Thanks a million and please keep up the effective work. umrah packagesReplyDelete
Keep up the good work , I read few posts on this web site and I conceive that your blog is very interesting and has sets of fantastic information. click hereReplyDelete
Great post, and great website. Thanks for the information! gowebReplyDelete
That sounds so wonderful! I cannot believe they did this. Incredible.ReplyDelete
Murrieta Real Estate
I am definitely enjoying your website. You definitely have some great insight and great stories.Massage ChairReplyDelete
Writing with style and getting good compliments on the article is quite hard, to be honest.But you've done it so calmly and with so cool feeling and you've nailed the job. This article is possessed with style and I am giving good compliment. Best!microcurrent machinesReplyDelete
An old home may not fulfil your expectations. You may want the layout a certain way and specific sized rooms. Therefore, you might want to consider looking at new developments or building your own home from scratch.sell my house fast raleighReplyDelete
I was very interested in the article, it's quite inspiring I should admit. I like visiting you site since I always come across interesting articles like this one.Great Job, I greatly appreciate that.Do Keep sharing.Read moreReplyDelete
Writing with style and getting good compliments on the article is quite hard, to be honest.But you've done it so calmly and with so cool feeling and you've nailed the job. This article is possessed with style and I am giving good compliment. BestMotel Broker in kansasReplyDelete
I like how you mention it is important to have good credit when trying to buy a new home. I've been thinking of moving, so I will need a real estate agent to help me with buying a new home. I will make sure to build up my credit before starting the buying process.real estate mykonos villasReplyDelete
This comment has been removed by the author.ReplyDelete
I am definitely enjoying your website. You definitely have some great insight and great storiesReplyDelete
No.1 real estate broker in DUBAI. Buy, rent, sell or invest in residential, commercial & off-plan properties in Dubai with LimesWood real estate brokers.
visit website : https://limeswood.ae/
I comprehend it is expensive and I comprehend there are examples it doesn't create telephone calls yet on the off chance that you are going to endure in the real estate putting business area simply place it in there and leave it.sell house in the netherlandsReplyDelete
I admire this article for the well-researched content & excellent wording. I got so involved in this material that I couldn’t stop reading.Harga beton ready mix JakartaReplyDelete
This post is so useful and valuable to increase our knowledge. I am happy that you have shared great info with us. Grateful to you for sharing an article like this.Kotak Home loanReplyDelete