transferofpropertyact1882whocantransfer-180603081933

TRANSFER OF PROPERTY ACT 1882 Dr. Khakare Vikas Associate Professor

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OF TRANSFERS OF PROPERTY BY ACT OF PARTIES section 5 to 53-A These provisions deals with basic principles and concepts involved in any transfer.









(A) Transfer of property, whether movable or immovable •

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sec. 5. Transfer ransfer of property defined In the following sections "transfer of property" means an act by which a living person pe rson conveys conveys property, property, in present or in future, to one or more other living persons, or to himself and one or more other living persons; and "to transfer property" is to perform such act.









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Transfer: means a process or an act by which something is made over to another. It defined with reference to the word 'convey'.

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It is transfer by 'act' of parties.

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It is transfer inter vivos i.e. between two living persons.









contents of definition 1. an act by which 2. a liv living ing person 3. conv onveys eys prop proper erty ty 4. in pres presen entt or or in in fut futur ure e









an act by which •

Transfer ransfer of property is an act or process.

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Something is done by the person who wants to transfer property. property.

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Effect of such act is transfer of property.











a living person









conveys property









in present or in future









to one or more other living









to himself and one or more other living persons;





























































dd)Right to future maintenance •

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The right to maintenance is purely a personal right and can neither be transferred transferred nor be attached in execution of decree. Maintenance can be granted through personal contract or by court order. Right to receive maintenance is personal right and for his/her own benefits. Such right is non transferable.









e) Mere right to sue •

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Right to sue is actionable claim. Actionable claim is a claim for a certain amount of money and can be transferred. transferred. But right to sue for uncertain or indefinite sum of money is not transferable. Eg: A publishes publishe s defamatory statement statement against B. Under the law of tort









f) Public office and Salary of public office •

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There is prohibition on transfer of Public office and Salary of public office. This is to ensure the dignity to the office held by a person appointed for qualities personal to him and getting salary for due discharge of his public duties.









g) Pension and stipends •

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Stipends allowed to military, military, naval, air force and civil pensioners pensione rs of the Government and the political pensions cannot cannot be transferred. transferred. Pension is granted for past personal service and for family and dependants.









h) Transfer opposed to nature of interest etc. •

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This clause does not deal de al with any 'kind' of non transferable transferable interest. Under this clause there is prohibition in the transfer of property under certain situation. There is prohibition under the following situations i: Where transfer is opposed to the nature of interest created



























i) transferable right of









transferofpropertyact1882whocantransfer-180603081933

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