Introduction - 

     Section 5 of the Transfer of Property Act Defines the 'Transfer of Property and Section 6 of the said Act makes it clear, what may be transferred. 

Meaning and Definition of Transfer of Property (Section 5 of Transfer of Property Act 1882) -

   Section 5 of the Transfer of Property Act 1882 provides a definition, As per said Section “Transfer of property” — 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. in this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.

What may be transferred

     According to Section 6 of the said Act,  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:

(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred.

(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby.

(c) An easement cannot be transferred apart from the dominant heritage.

(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.

(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.

(e) A mere right to sue cannot be transferred.

(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable.

(g) Stipends allowed to the military, naval, air force and civil pensioners of the Government and political pensions cannot be transferred.

(h) No transfer can be made (1) in so far as it is opposed to the nature of the interest affected thereby or an unlawful object or consideration within the meaning of section

(i) Nothing in this section shall be deemed to authorize a tenant having a nontransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a court of Wards, to assign his interest as a such tenant, farmer or lessee.


Who is competent to make a Transfer - 

      As per Section 7 of the Transfer of Property Act 1882, Persons competent to transfer, Every person competent to contract and entitled to the transferable property, or authorized to dispose of transferable property not his own, is competent to transfer such 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. 


See Also...

Distinction Between English Mortgage and Mortgage by Conditional Sale

English Mortgage | Transfer of Property

What is a Contract? Meaning and Definition of Contract

4 comments:

  1. According to Section 425 of the Indian Penal Code, whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any https://testmyspeed.onl/ property or in the situation thereof.

    ReplyDelete
  2. That's so amazing. Thank you for the helpful legal information. Deyi Gems

    ReplyDelete
  3. During a late-night search for a slice of Mediterranean paradise, my quest led me to kittenproperties.com, where the dream of owning a home in Malaga seemed suddenly within reach. Amongst the curated selection of stunning properties, one in particular—a charming villa with sweeping sea views, nestled in the tranquil outskirts of Malaga—captured my heart. The detailed descriptions and vivid imagery provided by kittenproperties.com painted such a vivid picture that I could almost taste the salty sea air and feel the warmth of the Andalusian sun on my skin. The seamless and intuitive navigation of the site made it easy to envision my life there, turning what felt like a simple click into the first step towards my new home. This effortless journey from discovery to purchase, all facilitated by kittenproperties.com, has led me to a beautiful beginning in Malaga, where every sunrise brings a promise of adventure and tranquility.
    :)

    ReplyDelete

See Also..