Introduction of Transfer of Property Act, 1882

 

Transfer of Property Act, 1882

Introduction to Transfer of Property Act, 1882

Transfer of Property Act deals with

Transfer

Of

Property, generally it is for immovable as aspects related to movable property are specifically covered under Sale of Goods Act, 1930. Still, there are certain provisions related to movable property as well.

So, what is property?

Property is a wider term and includes anything which has some value and right of ownership may be exercised on it.

Case Law:

Raichand v. Dattatrya A.I.R. 1964

It was held that the word property in its broadest sense covers all legal rights of a person but not his personal rights as of his status or personal obligation.

In India, distinction of property is based on movable and immovable as compared to English Law where property is categorized as real and personal.

The transfer of property is covered specifically by:

Movable: Sale of Goods Act, 1930

Immovable: Transfer of Property Act, 1882

But there are certain provisions of movable property in Transfer of Property Act, 1882 as well.

Transfer of property act, 1882 is law relating to transfer of property by act of parties. A bill was presented to the Legislative Council and it became a law on 17^th February but the Act commenced its operation from first day of July, 1882.

It is always should be kept in mind that whenever there is a special law enacted by the Parliament to safeguard rights, the provisions of special law will prevail over the general act.

Case Law:

Mardia Chemicals Ltd v. Union of India 2004

The Honorable Supreme Court upheld the validity of special law which contained provisions which were not consistent with TP Act.

 

Objectives of the Act

·         This act defines, amend and regulate the law relating to transfer of property act by the act of parties.

·         Provides a clear, uniform and systematic law for the transfer of immovable property between living persons.

·         This act has completed the Code of Contracts. As before this act, there was no enacted law for the transfers in consequence of a contract.

·         As act also made provisions for inter vivos (between living persons), this has provided provisions related to existing laws of testamentary and intestate.

Note: Testamentary transfers are transfer made by wills and intestate transfers are the transfers when the deceased has made no provision for directing the transfer of his property, hence law of inheritance will prevail.

Scope of the Act

1.       It does not provide complete code as;

The act not exhaustive: As the preamble of makes it clear that main objective of the act is to “define and amend certain parts of the pre-existing law of transfer of property by act of parties”. It means that act has not set its purpose as to consolidate all the laws of transfer of properties in India, for example, easementary rights are related to property rights but the Transfer of Property Act is not applicable to easements.

2.       It provides transfer only among living persons: The act is related to by act of parties not by operation of law.  Transfer by act of parties is what is called transfer only among living persons.

 

3.       No uniform application across all the parts of India: The act has territorial limitations. This act is not applicable in State of Punjab. Moreover, the act was made applicable to different territories in India on different occasions.

 

4.       In case of any conflict between the act and Muslim Law, Muslim Law will prevail.

 

 

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