This Act may be called the Transfer of Property Act, Commencement It shall come into force on the first day of July, Extent 3[ It extends to the whole. Full text containing the act, Transfer of Property Act, , with all the sections, schedules, short title, enactment date, and footnotes. THE TRANSFER OF PROPERTY ACT PAKISTAN study notes on of property act pdf in hindi transfer of property act ppt transfer of property bare act.
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THE TRANSFER OF PROPERTY ACT in India Bare Acts, Banking and Insurance, Business and Corporate, Constitutional, Consumer Laws, Criminal Law. The Transfer of Property Act, happened to be one of the early .. incidental remedy for its recovery or is a bare right to bring an action either at law or in. Preamble1 - TRANSFER OF PROPERTY ACT, Chapter 1. Section1 - Short title. Section2 - Repeal of Acts-Saving of certain enactments, incidents, rights.
B has the right to sue. B wants to transfer this right to Mr.
C, that is not possible. Right to sue cannot be transferred. Public Office If you hold a public office such as judge, inspector, doctor, etc, then you cannot transfer your public office to anyone.
Stipends Stipends related to Military, Naval, Air Forces, Civil Prisoners, government pensions, etc are personal rights and cannot be transferred.
General rule of Transfer of Property is that property of any kind can be transferred from one person to another. Exceptions can be classified into exceptions mentioned under section 6 of Transfer of Property Act and exceptions mentioned in other laws.
It is open to the donor to transfer by gift title and ownership in the property and at the same time reserves its possession and enjoyment to herself during her lifetime.
There is no prohibition in law that ownership in a property cannot be gifted without its possession and right of enjoyment.
THE TRANSFER OF PROPERTY ACT 1882 PAKISTAN
Case Laws K. Balakrishnan v K. Kamalam [with respect to section 6 of Transfer of Property Act] The only substantial question of law involved in this appeal is whether the appellant, who was minor on the date of execution of the gift-deed dated The appellant shall hereinafter be described as 'the donee' and his deceased mother as the 'doner.
Under the terms of the gift-deed ownership of the property, half and half, to each of the two donees was transferred but the donor retained during her life time the management of the school and the income from the property.
The High Court in the impugned judgment took a contrary view and confirming the trial court judgment dismissed the suit of the donee holding inter alia that the terms of the gift-deed do not indicate that any property was transferred thereunder. The High Court held that when the donor reserved to herself the right to sign the papers with respect to management of the school and right to take usufruct from the property where the school is situated, there arose no question of passing over ownership of the property to the donees, which the donees could accept.
The High Court further went on to hold that the entire right in the property gifted was reserved by the donor to herself and therefore even when the father had handed over the documents to the plaintiff there arose no question of any acceptance of gift made in respect of the school property.
The High Court further held that the same legal position is in respect of property gifted to the minor daughter and no question of acceptance of gift arose in respect of that part of the property as well. Bharat Petroleum Corporation v P. Kesavan [with respect to section 5 of Transfer of Property Act] A deed of lease was executed on or about The original lessor allegedly executed a will bequeathing the said site to her grandson Meenashisundaram, who expired on 3.
The appellant herein claimed itself to be a tenant in respect of the said premise relying on or on the basis of the provisions of the said Act.
Section 6 in the Transfer of Property Act, 1882 states that
It is not in dispute that the lessor by a notice dated 4. In reply to the said notice , the appellant herein in terms of letter dated By reason of letter dated It was requested : "May we therefore request you to let us know when it will be convenient for you to have the lease registered on terms similar to those existing in the current lease.
On receipt of your advice in this matter, we shall take further action. It appears that the appellant herein had also filed a suit for specific performance of contract which was not pressed. The learned Munsif decreed the suit holding, inter alia, that although in terms of Section 5 of the Act, the lease may be renewed for the same period but as perSection of the Transfer of Property Act, necessary documents had to be executed by the company.
An appeal there against by the appellant herein was dismissed by the District Judge, Erode. The appellant herein filed a second appeal before the High Court of Madras which was also dismissed stating : "It is clear that the suit filed for renewal of the lease was only subsequent to expiry of the lease and as such it cannot be said that the affidavit he has taken steps for the renewal of the lease, especially when he kept quiet for nearly 3 years without taking any steps, in spite of the filing of the suit by the appellant.
It cannot be said that the filing of the suit can be construed as step being taken for the renewal. When the suit for recovery of possession is pending, as soon as filing of suit for renewal of the lease, the appellant ought to have taken steps for joint trial. He has allowed two suits to be proceeded with, independently. That means, he wanted to take a chance before both the courts below.
This conduct of the appellant cannot be appreciated. Hence, I do not find any error in the findings of the Courts below that the appellant has not taken any steps to get the lease renewed prior to the expiry of the lease. Hence anything it can easily be inferred because the exhaustiveness of the definition of immovable property that anything which is not covered under the definition of it is a movable property including computer programs  and other intellectual property.
Analyzing different sections with relation to section 9 of the Transfer of Property Act. In Section 59 of the T. Also, in section , a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, is required to be made in writing.
Hence it can be deducted that when the law requires that there should be an instrument in writing and the said instrument should be registered then the ownership can only be transferred by that method. But, where no writing is required by the Transfer of Property Act or any other law, the transfer may be made orally. Transactions which are not required by law to be in writing can be made orally under this section without any writing. Writing is necessary for the following transactions: Sale of immovable property of value of Rs.
Simple mortgage of specific immovable property of any value. Lease from year to year or for any term exceeding one year or reserving a yearly rental.
Exchange of the value of Rs. Transfer of actionable claim. Notice of transfer of actionable claim. In the famous case of Narsinghdas v.
Radhakisan  it was held that a test to find out whether a transaction can be made without writing is to see whether it is expressly required by law to be in writing, which further substantiates our hypothesis and our illustration of Section 9 of Transfer of Property Act, Coming to oral gifts In the case of Keshri Mull v Sukan Ram,  it was held that oral gift though permissible under the section is not valid without delivery of possession. Validity of oral partition was challenged in the case of Peddu Reddiar v.
Kothanda Reddi  and the judgment finally upheld the validity of oral partition of property. Subsequently, there have been various cases which established the fact that when writing is not required by Act, transfer can be made orally. Ram Dei  also suggests that alienation needs no written instrument.
It is sufficient if the person entitled to the property does an act which necessarily results in its transfer. An award relating to immovable property need not be in writing. Through numerous case laws and illustrations, the researcher has consolidated the fact that Section 9 of the said Act deals with oral transfer of property and has also discussed what can or cannot be transferred orally.
It is further notified to the readers that there is no law which says that the seller must sell the property at market rate. He can always sell at any rate of his choice.
Oral Transfer of Property under the Transfer Of Property Act
The only constraint that is imposed on him would be to pay the stamp duty required to be paid on the prices fixed by the Ready Reckon of the Government so that there could be no loss of Government Revenue. The sale deed cannot become void for inadequacy of prices after the parties have mutually accepted the prices as the correct price.
Both the terms are not completely defined in the Act  hence the definition given in Section 3 of General Clauses Act, has to be read along with the interpretation clause in The Transfer of Property Act, The right of the person can be absolute or conditional  or can be immovable or movable  depending upon the nature of the property.
But, there are certain conditions that must be satisfied for a transfer of Property.
Transfer of Property Act 1882
There must be a representation by the one who is transferring the Transferor that he has the applied authority to transfer the immovable property.What is Sale? A grants a lease of a plot of land to B with a condition that if B shall build upon it, he would re-enter. Section - Duration of certain leases in absence of written contract or local usage. Right to proceeds of revenue sale or compensation on acquisition. November An appeal there against by the appellant herein was dismissed by the District Judge, Erode.
B transfers the right to recover the damages to C. B can sue Mr. A transfers this right of way to C.