Transfer of property act,1882 cs notes


Posted on 22-03-2016        By ADMIN

Entry 6 of List III (Concurrent List) of Seventh Schedule to Constitution reads ‘Transfer of property other than agricultural land; registration of deeds and documents’. Thus, transfer of property is a ‘Concurrent Subject’. Both Central and State Government can take legislative action in respect of transfer of property except that relating to agricultural land. [Transfer of agricultural land is a State subject under Entry 18 of List II (State List)] The Act proposes to prescribe law relating to transfer of property by act of parties. Thus, the Act applies only to voluntary transfer or property. It does not cover transfer of property by ‘will’. Section 4 of the Act clarifies that the part of the Act which relates to contracts shall be taken as part of Indian Contract Act and some specified sections shall be read as supplemental to Indian Registration Act. Thus, the Act is complimentary to Indian Contract Act and Registration Act. The Act applies both to movable and immovable property. TRANSFER OF PROPERTY – ‘Transfer of Property’ means an act by which a living person conveys property, in present or future, to one or more living persons, or to himself or to himself and one or more other living persons. ‘Living person’ includes a company or association or body of individuals, whether incorporated or not. [section 5]. ......


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