Question: Which Of The Following Properties Can Be Transferred Under The Transfer Of Property Act 1882?

How do you transfer a house to someone else?

Before you can transfer property ownership to someone else, you’ll need to complete the following.Identify the donee or recipient.Discuss terms and conditions with that person.Complete a change of ownership form.Change the title on the deed.Hire a real estate attorney to prepare the deed.Notarize and file the deed..

What is Property in Transfer of Property Act?

The most important act which deals with immovable property is the Transfer of Property Act (T.P. … As per Section 3(26) of the General Clauses Act 1897, “immovable property” “shall include land, benefits to arise out of land and things attached to the earth, or permanently fastened to anything attached to the earth”.

Who Cannot transfer an immovable property?

Under section 7 of TOPA, the individual must be competent. He/she must be of legal age and mentally stable. He/she must be the owner of the title of the immovable property or should be authorised to transfer the property. The person must not be legally disqualified as a transferee.

How many sections are there in Transfer of Property Act?

137 sectionsBefore the Transfer of Property Act came into existence, property transfers in India were regulated by the English law. The Transfer of Property Act was introduced on February 17, 1882. It came into effect on July 1, 1882. The Act consists of eight chapters and 137 sections.

Which properties can be transferred under the Transfer of Property Act 1882?

The Transfer of Property Act defines a transfer as an “act by which a living person conveys property, in present or in future, to one or more living person or to himself and one or more other living persons”[1] The TPA governs five types of transfers i.e. sale, mortgage, lease, exchange and gift of immovable property …

Who can transfer what properties can be transferred?

According to the Transfer of Property Act, 1882, “property of any kind may be transferred” by a person “competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own”. However, this rule is not without exceptions.

Which properties Cannot be transferred?

Stipends related to Military, Naval, Air Forces, Civil Prisoners, government pensions, etc are personal rights and cannot be transferred. General rule of Transfer of Property is that property of any kind can be transferred from one person to another.

Which properties Cannot be transferred validly?

An easement apart from the dominant heritage cannot be transferred. An interest in the property restricted in its enjoyment to the owner personally, for example, religious offices, services tenures, an inalienable raj, etc. cannot be transferred.

How can land be transferred?

Land can only be transferred from one individual to another in the legally prescribed manner. Historically speaking, a written deed is the instrument used to convey ownership of real property. A deed is labeled an instrument of conveyance.

Does Transfer of Property Act apply to movable property?

Also this Act deals with a transfer of property inter vivos, i.e., a transfer between living persons. It contains transfer of both movable and immovable property but a major portion of the enactment is applicable to the transfers of immovable properties only. The Act is not exhaustive.

Which of the following sections of the provisions of the Transfer of Property Act 1882 deals with relief against forfeiture for the non payment of rent?

Section 114. Transfer of Property Act, Relief against forfeiture for non-payment of rent.

What is doctrine of part performance?

The Doctrine of Part Performance is a very important provision under the Transfer of Property Act. According to the statutory provisions, a person must have contracted to transfer immovable property for a consideration. The transfer should be in writing and duly signed by either the transferor or his agent.

What is redemption in Transfer of Property Act?

Redemption is the act of buying back the property after tendering the amount due to the creditor. … It lays down that after the principal money becomes due, the mortgagor can tender the money and require the mortgagee to deliver the possession of the property or the deed/documents to him.

What is transfer of property act in India?

The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of property in India. … According to the Act, ‘transfer of property’ means an act by which a person conveys the property to one or more persons, or himself and one or more other persons.

What is meant by transfer of property?

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.

What may be transferred Section 6?

It specifically speaks about, what may be transferred. Property of any kind may be transferred, except as otherwise provided by this act or even by any other law for time being in force, and these exceptions will be discussed in detail in the following sub-sections.

What are the essentials of transfer of property?

The transfer of property must take place inter vivos, meaning property must be transferred between two or more persons who are living. Both the transferor and transferee must be living entities on the date of transfer. There should be an act of conveyance by some living person to constitute a transfer.