Section-10 Condition restraining alienation – Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation…
Section – 9 Oral Transfer – A transfer of property may be made without writing in every case in which a writing is not expressly required by law. Mode of Transfer – There are two modes of transfer of property:…
Section-8 Operation of transfer.—Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents…
Sec.- 7 Person competent to transfer– Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part and either absolutely…
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…
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…