Dec 23, 2014 the act of transfer may be done in present or for future. Transfer of property act, 1882 part performance notes to help. Sep 16, 2016 mayank shekhar post author september 7, 2017. Important questions transfer of property act for llb part 2. Analysis of provisions of section 53a of the transfer of property act, 1882 the transfer of property act, 1982 came into force on the 1st july, 1882. Once a document transferring immovable property has been registered, the transaction passes out of the domain of a mere contract and falls into one of a conveyance. Transfer of property act short notes llb slideshare. Law classs notes on transfer of property act for ll. Accession acquired in virtue of transferred ownership. Each page of these notes has been prepared by madan sir himself. Lease under transfer of property act, 1882 deals with section 105 to section 117. Dec 30, 2017 quick revision notes v i d e o formats available for all states judicial examinations. Doc the transfer of property act 1882 naveen kumar shelar.
Before that, the transfer of immovable property was governed by principles of english law and equity. It applies only to transfer by the act of parties and not by operation of law. A mortgage under the transfer of property act is a transfer of an interest of an interest in the land mortgaged, and not a mere contract. The bare text of section 6 of the transfer of property act, 1882 lays down what may be transferred under the act. No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong. Mar 09, 2015 the principle of section 53 is based on the rule of justice, equity and good conscience. Provisions of section 53a of transfer of property act, 1882. Llb ccsu notes february 3, 2016 notes on transfer of property act,1882 by ashok verma ji. Doc the transfer of property act 1882 naveen kumar. Thank you and wish you happy and fruitful studying.
Under the transfer of property act a transfer of immovable property by a debtor may be set aside by his creditor. The article provides an introduction for transfer of property act, 1882. The article also contains ten important definitions, which are crucial to understanding and interpreting the act. The transfer of property act, 1882 the transfer of property. In this post, i have covered section 3 of the transfer of property act. To make the transfer valid it is very essential that the person should be competent to make a contract and it should not be forbidden by law. Short title this act may be called the transfer of property act, 1882. Llb bachelor of legislative law course is the most common undergraduate course of legal law education offered by many law colleges and universities in india. It proceeds on the maxim, expression unius exclusion alterius in that every property except those specified in. Conditional transfers under transfer of property act, 1882.
Be it enacted by parliament in the fiftythird year of the republic of india as follows. A if the transferee is not a transferee in good faith for the transferors creditor, and. The object of the transfer of property act is to define and amend law relating to. Anybody wanting to volunteer to type these notes and post them here. Section thirteen underneath transfer of property act 1882 transfer for good thing about the unknown person. Harpreet kaur textbook on the transfer of property act, is the most lucid and. Whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Transfer of immovable property will take place by transferring it from one person to another.
Notice of a contract to transfer of an immovable property. Transfer by act of parties, vested and contingent interest, election, clog on, right to foreclosure, mortgage, sale, charge, lease and gift. Section 3 of transfer of property act 1882immoveable property does not include standing timber, growing crops or grass. Transfer of property means an act by which a living person can conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more or other living persons, and to transfer property is to perform such act. Sec 122 of the transfer of property act defines a gift which has the following essential requisites.
Fraudulent transfer of property and its effect the law study. The preamble to the transfer of property act, 1882, lays down that it is an act to define and amend the law relating to transfer of property by act. Enactments relating to contracts to be taken as part of contract act. Tpa transfer of property act bare act, full and updated with systematic sections, tpa notes and beautiful, colourful tpa pdf that you can download for offline use. In this lesson, you will learn about common types of easements, some of which benefit both landowners and others that benefit the easement holder.
The person may include an individual, company or association or body of individuals, and any kind of property may be transferred. Given there is large no of recruitment of judges in the years to come to judiciary is a hot cake for the aspirants having law as an optional. A long lease must be registered against the title deed of the land let to be valid for more than 10 years against creditors and onerous successors of the lessor, unless the creditor or successor knew of the lease at the time he became a creditor or successor. Before that, the transfer of immovable property was governed by principles. In the first instance it extends to whole india, except some states at the time of independent of india. Feb 24, 2011 finally in 1929, the transfer of property act was amended and the english law of part performance became a part of indian laws though a little modified.
Scope of the section this section deals with what may be the subject of transfer under the act. Jan 26, 2007 a mortgage under the transfer of property act is a transfer of an interest of an interest in the land mortgaged, and not a mere contract. Right of usufructuary mortgagor to recover possession. When an interest is vested, the transfer is complete but when the interest is contingent, the transfer depends upon a condition precedent.
All about lease and gift under transfer of property act, 1882. 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 keep reading. Universals textbook on the transfer of property act by dr. Transfer of property llb 3 years 2045 kslu studocu. Introduction to transfer of property act, 1882 notes to help. The pdf version of the notes ebook for property law is attached for free and easy download at the bottom of this thread. Judicial services study material delhi law academy. Property law the transfer of property act came into existence in 1882. Cs notes home transfer of property act,1882 entry 6 of list iii concurrent list of sev. This article analyses the legal consequences of a notice, of a previous agreement to transfer an immovable property to a subsequent transferee under the transfer of property act, 1882. The reason is that it deals with certain doctrines having their origin in the common law of england, some totally alien to the indian concepts. A transfer made with intention to defeat any right of the transferee or of any other person interested therein is called fraudulent transfer of property. Section 39 of transfer of property act, 1882 academike. This act or any part thereof may by notification in the official gazette be extended to the whole or any part of a province by the provincial government.
The transfer of property act 1882 is an indian legislation which regulates the transfer of property in india. Property law notes and cases pdf ebook download for llb. Shortcut tricks to learn transfer of property act, 1882. On the expiration of due date it becomes duty of mortgagor to repay the amount of loan to mortgagee and redeem the property mortgaged. Transfer of property act, 1882 bare acts law library. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. Transfer of property means an act by which a living person can conveys.
The transfer of property act 1882 is an legislation which regulates the transfer of property in india. A mortgage as per section 58 of transfer of property act is transfer of an interest in immovable property for securing payment of debt. Delhi law academy now offers its famous study material and notes for judicial services. The preamble of act sets out the objectives of the legislation. The difference between section 10 and section 11 is that the former deals with a case of an absolute prohibition against alienation of an interest created by a transfer and the latter deals with the absolute transfer of an interest followed by a restriction on its free enjoyment. The transfer of property act, 1982 came into force on the 1st july, 1882. Section 30 of the transfer of property act, 1882 provides that any transfer will not be affected by the invalidity of the ulterior disposition, which means that is the subsequent transaction as it is rendered void because of some default, then the first transaction will not be held invalid because of it. Jun 15, 2014 important questions and guess transfer of property act for llb part 2. Rahuls printed notes law ias for ias,pcs judicial services.
Section 5, under chapter ii of the act, defines transfer of property as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons. This case is based on section 5 and section of the transfer of property act. The transfer of property act has not defined the term. Vested interest is to be distinguished from contingent interest. Law relating to the transfer of property by act of parties. Transfer of property act short study notes for llb students. Aug 27, 2010 introduction to transfer of property act, 1882 life, liberty, and property do not exist because men have made laws. The transfer of property act lays down the principles to be followed for a legally enforceable transfer of an immovable property. Property law notes, case laws and study material legal bites. Notes on transfer of property act,1882 by ashok verma ji. The transfer of property act 1882, was amended substantially. Tpa was enacted to amend the law relating to the transfer of property by an act of parties. Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the read more. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.
Transfer of property archives indian judiciary notes. Dlas notes are far better than any other study material or textbooks available in the market. Transfer of property act 1882 lecture in hindi youtube. The video has been recorded on the basis of relevant provisions. The transfer of property act came into existence in 1882. Textbook on the transfer of property act, is the most lucid and analytical study of various secti. You can also download pdf for transfer of property act here. Preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Equity on that as done as which ought to have been done. The transfer of property act, 1882 the transfer of property amendment act, 2002 4 of 1882 st31 december, 2002 3 of 2003 an act further to amend the transfer of property, act, 1882. Tpa transfer of property important notes and bare act.
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