Transfer of Property

Introduction According to the Act, 'transfer of property' means an act by which a person conveys  property to one or more persons, or himself and one or more other persons. The act of  transfer may be done in the present or for the future. The person may include an individual, company or association or body of individuals, and any kind of property may be transferred, including the transfer of immovable property.

Interpretation of “Property Property is broadly classified into the following categories! ". Immovable Immovable Property Property #e$cluding #e$cluding standing standing timber, timber, growing growing crops, crops, and grass% &. ova ovabl blee Pro Prope pert rty y The Interpretation of the Act, says (Immovable (Immovable property does not includes standing timber, growing crops or grass(. )ection *#&+%, * #&+%, The eneral -lauses Act, "/0, defines, ( immovable property( shall include land, benefits to arise out of land, and things attached to the earth, or permanently p ermanently fastened to anything attached to the earth. Also,The 1egistration Act,"/2, &#+% (immovable property( includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, an d things attached to the earth or permanently pe rmanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass. A transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, unless a different intention is e$pressed or implied. According to )ection 3* of the Transfer Transfer of Property Act "&, in case a person either fraudulently or erroneously represents that he is authorised to transfer certain immovable property and does some acts to transfer such property for  consideration,  consideration, then such a transfer will continue to operate in future. It will operate on any interest which the transferor may ac4uire in such property . This will be at the option of the transferee and can be done don e during the time during which the contract of transfer e$ists. As per this rule, the rights of bona fide transferee, who has no notice of the earlier transfer or of the option, are protected. This rule embodies a rule of estoppel i.e. estoppel i.e. a person who makes a representation cannot later on go against it.

5very person, who is competent to contract, is competent to transfer property, which can be transferred in whole or in part. 6e should be entitled to the transferable  property, or authorised to dispose off transferable property which is not his own. The right may be either absolute or conditional, and the property may be movable or immovable, present or future. )uch a transfer can be made orally, unless a transfer in writing is specifically re4uired under any law. According to )ection + of the Transfer of Property Act, property of any kind may be transferred. The person insisting non7transferability must prove the e$istence of some law or custom which restricts the right of transfer. 8nless there is some legal restriction preventing the transfer, the owner of the property may transfer it. 6owever, in some cases there may be transfer of property by u nauthorised person who subse4uently ac4uires interest in such property. In case the property is transferred sub9ect to the cond ition which absolutely restrains the transferee from parting with or disposing of his interest in the property, the condition is void. The only e$ception is in the case of a lease where the condition is for the benefit of the lessor or those claiming und er him. enerally, only the person having interest in the property is authorised to transfer his interest in the property and can pass on the proper title to any other person . The rights of the transferees will not be adversely affected, provided! they acted in good faith: the property was ac4uired for con sideration : and the transferees had acted without notice of the defect in title of the transferor. It should be noted that these conditions must be satisfied ! There must be a representation by the transferor that he has authority to transfer the immovable property. The representation should be either fraudulent or erroneous. The transferee must act on the representation in good faith. The transfer should be done for a consideration. The transferor should subse4uently ac4uire some interest in the property he had agreed to transfer. The transferee may have the option to ac4uire the interest which the transferor subse4uently ac4uires

What may be transferred Property of any kind may be transferred, e$cept as otherwise provided by this Act or  by any other law for the time being in force.

#a% The chance of an heir7apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred. #b% A mere right of re7entry for breach of a condition subse4uent cannot be transferred to anyone e$cept the owner of the property affected thereby. #c% An easement cannot be transferred apart from the dominant heritage. #d% An interest in property restricted in its en9oyment to the owner personally cannot  be transferred by him. #d% A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred. #e% A mere right to sue cannot be transferred. #f% A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable. #g% )tipends allowed to military, naval, air7force and civil pensioners of the government and political pensions cannot be transferred.

Operation of transfer:

8nless a different intention is e$pressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the  property and in the legal incidents thereof. )uch incidents include, where the property is land, the easements anne$ed thereto, the rents and profit thereof accruing after the transfer, and all things attached to the earth: and, where the property is machinery attached to the earth, the movable parts thereof: and, where the property is a house, the easements anne$ed thereto, the rent thereof  accruing after the transfer, and the locks, keys, bars, doors, windows, and all other things  provided for permanent use therewith: and, where the property is a debt or other actionable claim, the securities therefor #e$cept where they are also for other debts or claims not transferred to the transferee%, but not arrears of interest accrued before the transfer: and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.

#h% ;o transfer can be made #"% insofar as it is opposed to the nature of the interest affected thereby, or #&% for an unlawful ob9ect or consideration within the meaning of section &* of the Indian -ontract Act, "0& #/ of "0& %, or #*% to a person legally dis4ualified to be transferee. #i% ;othing in this section shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default

has been made in paying revenue, or the lessee of an estate, under the management of  a -ourt of