Transferability of Property Transfer of any non-transferable property is void. It may be stated, therefore, that transferability of property is the general rule, its non-transferability is an exception. According to Section 6, property of any kind may be transferred except:…
Section-5 “Transfer of property” defined.—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, 1[or to himself] and…
DIFFERENCE BETWEEN MOVABLE AND IMMOVABLE PROPERTY Immovable Property Movable Property It includes land, benefits to arise out of land, and things attached to the earth (Section 3 of General Clauses Act). It includes stocks and shares, growing…
Bhanu Kumar Jain v. Archana Kumar AIR 2005 SC 626 Case Summary Appeal before the Supreme Court by way of Special Leave Petition under Article-136 of the Constitution. Leave granted. Facts of the case: One Sh. N.N. Mukherjee filed a…
Santosh Kumar v. Bhai Mool Singh AIR 1958 SC 321 Case Summary Note: This is a 1957 case. The section numbers mentioned in the case are old ones. The current CPC contains sections that were inserted by the 1976 amendment…
M Mechalec Engrs. & Manufacturers v. M Basic Equipment Corn. AIR 1977 SC 577 Case Summary Appeal before the Supreme Court by way of Special Leave Petition under Article-136 of the Constitution. Leave granted. Facts of the case: The plaintiff…
Oil & Natural Gas Corporation Ltd. v. State Bank of India, Overseas Branch, Bombay, AIR 2000 SC 2548 Case Summary 1. Appeal before the Supreme Court by way of Special Leave Petition under Article-136 of the Constitution. Leave granted. 2.…
Movable Property The Transfer of Property Act, does not define movable property which has been defined in the General Clauses Act as meaning “property of every description except immovable property”. Case-Law S.P.K.N. Subramanian Firm v. M. Chidambrama, AIR, 1940 Mad…
Property : The word “property” has not been defined in the Transfer of Property Act, 1882. Immovable Property : The Transfer of Property Act, 1882 has not defined this term. Section 3 merely lays down that “immovable property” does not…
Introduction Transfer of Property Act It is an Act to define and amend the law relating to transfer of property by act of parties (i.e. not by operational of law). i.e., in case of inheritance (succession), insolvency, forfeiture, or sale…