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Section2 - Repeal of Acts-Saving of certain enactments, incidents, rights, liabilities, etc. Learn how your comment data is processed. The Act has not only defined the existing rules of transfers but also amended and modified some of them so as to make them suitable to the socio-economic conditions of India. Section 7 – Persons competent to transfer. The article provides an introduction for Transfer of Property Act, 1882. Your email address will not be published. Inter vivos transfer means the transfer between two living persons whereas testamentary transfer to transfer by will etc. Gift how is effected and difference from gift under Muhammadan law, 5. Property shall include land, benefit to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth. In this mode of transfer the property is transferred automatically by the process of law. It contains the transfer of both movable and immovable property, but a major portion of the enactment is applicable to the transfers of immovable properties only. 3. Transfer of Property Act, is a huge subject. This site uses Akismet to reduce spam. An Act to amend the law relating to the transfer of property by act of parties. Section 26 – Fulfilment of condition precedent. It is not possible to finish it in one day or two. However, before you forget about other sections, make sure to look at your exam syllabus. He would have known it [i.e., constructive notice]. A question often arises whether a debt secured by mortgage of immovable property is a movable or immovable property. Section 5 – Transfer of property defined. An appreciable work. Scope of this Act is limited. This commission prepared a draft Bill which was sent to the secretary of State for India. I believe this list is helpful and useful. Section 92 – Subrogation. She enjoys writing and researching, she aims to be a professional writer. The Transfer of Property Act came into existence in 1882. Section 11 – Restriction repugnant to interest created. It only defines and amends certain parts of the law relating to the transfer of property, which is already existing. The Transfer of Property Act came into existence in 1882. I believe this list is helpful and useful. It applies only to transfer by the act of parties, not by operation of law. The preamble of Act sets out the objectives of the legislation. Transfer by orders of a court or transmission of property in cases of insolvency, sale or forfeiture in the execution of court’s decree is all by operation of law. Section4 - Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. Also, this Act deals with a transfer of property inter vivos, i.e., a transfer between living persons.It contains the transfer of both movable and immovable property, but a major portion of the enactment is applicable to the transfers of immovable properties only. Section 56 – Marshalling by subsequent purchaser. Part 2 registration act Section 109 – Rights of lessorâs transferee. It only says that ‘immovable property’ does not include standing timber, growing crops or grass. If you are looking to improve your preparation, a look at the most important sections of the Transfer of Property Act will help. Sale of Immovable Property: Explained As Under TPA, 1882, Transfer of Property to an Unborn Child | Explained, Easement: Concept, Essential, Types | Explained, Rights and Liabilities of Lessor and Lessee | Transfer of Property Act, 1882, Registration of Firms and Effect of Non Registration, Internship Experience at Callidus Advocates, Consultants & Notary, Dubai, What every Indian needs to know about Employment Agreements, CRPC Mains Questions Series: Important Questions for Judiciary, APO & University Exams | Part – I of XI, CRPC Mains Questions Series: Important Questions for Judiciary, APO & University Exams | Part – II of XI, CRPC Mains Questions Series: Important Questions for Judiciary, APO & University Exams | Part – III of XI. When the property is transferred through document, it is said that the deed or document of the transfer has been executed by the transferor. Previously, a debt secured by mortgage of immovable property was considered as an actionable claim under section 3 of the Transfer of Property Act, 1882. Registration Act, 1908 defines ‘immovable property’ as follows –. When a person has knowledge about a fact or under the existing circumstances, it can be proved that he must have knowledge about a fact, it is said that he has notice of that fact. Section 3 of the Transfer of Property Act, 1882 defines ‘instrument’ as a non-testamentary instrument. Constitutional History of Pakistan Section 54 – âSaleâ defined. You may also buy its PDF and get on with your preparation in an ad-free and distraction-free way. Section 13 – Transfer for benefit of unborn person. Addeddate 2017-01-18 10:51:20 Identifier in.ernet.dli.2015.44080 Identifier-ark ark:/13960/t2c87jk3v Ocr ABBYY FineReader 11.0 Ppi 600 Scanner Internet Archive Python library 1.1.0. plus-circle Add Review. 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