Transfer of property act notes

Definition of Transfer of Property and. What is the transfer of Property Act? Tagged: Notes , Transfer of Property Act The literal meaning of exchange is giving and taking of something. The exchange of property in this act relates to immovable property only.

Section (e) of the Transfer of Property Act states that a mere right sue cannot be transferred.

A bare right of action might be claiming to damages for breach of contract or claims for damages for tort. An assignment of a mere right of proceedings is unhealthy. Before that, the transfer of immovable property was governed by principles of English law and equity. The preamble of Act sets out the objectives of the legislation.

Scope of this Act is limited. The student must lend much attention to the doctrines enshrined in the Act. Case law is given its due place.

General Clauses Act , the “ Immovable property shall include lan benefits to arise out of lan and things attached to the earth or permanently fastened to anything attached to the earth.

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. It means that any transfer that happens on the fulfilment of a condition that is imposed on the other party for the transfer of property. Write here the full names (including all middle names) of all the person (s) who are going to transfer the property.

This must be the name (s) of the registered owners in the register, or someone. So get your pocket friendly Transfer of Property Act Notes. The complete material provided under TPA notes is useful in all types of examinations, where questions related to the subject matter of law or laws are asked.

Every owner of a property has the right to transfer his property as he likes. But the transfer must be made with a bonafide intention. According to section 1of the transfer of property Act , each party has the rights and is subject to the liabilities of a seller as to that which he gives, and has the rights and is subject to the liabilities of a buyer as to that which he takes. A uniform legislation was the need of the hour considering this factor, and this act was drafted to serve the selfsame purpose. Section of the transfer of property act states that “ Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transfer in the property.

The Transfer of property Act,Section deals with the Rights and Liabilities of Buyer and Seller. The Buyer’s Rights and Liabilities is divides into two : 1. Editor’s Note: The paper discusses the transfer of property to an unborn child in the future. The Act provides a clear, systematic and uniform law for the transfer of immovable property between living persons.

Both these parties need to be alive for transfer under the Act.

In case of transfer of a property of a deceased person, Succession Laws as per the religion of the deceased will be applicable. Practice notes give you guidance on a range of important legal topics, helping you give your clients the best possible advice. They set out our view of good practice for our members.

Registration is free and only takes a couple of minutes.