Transfer of Property Act,1882 , Section 1

 

Transfer of Property Act,1882 

The purpose of the Transfer of Property Act, 1882 is to define and amend the law relating to the transfer of property by the act of the parties and not by the operation of law. The Act deals with the aspects of transfer of immovable property from one living person to another.

The application of the Transfer of Property Act, 1882 depends on the type of property, the mode of transfer, and the parties involved in the transfer. The Act covers various types of property transfer, such as sale, mortgage, lease, exchange, gift, and actionable claim. The Act also lays down the rights and duties of the sellers and buyers, the conditions and restrictions on the transfer, and the remedies for breach of contract.

The Transfer of Property Act, 1882 is applicable to the whole of India, except the state of Jammu and Kashmir. It is also not applicable to agricultural land, which is governed by local laws. The Act is also subject to the provisions of the Indian Contract Act, 1872, the Indian Registration Act, 1908, the Indian Easements Act, 1882, and the Indian Trusts Act, 1882.

Section 1 of the Transfer of Property Act, 1882 is the preliminary section that deals with the short title, commencement, extent, and applicability of the Act. It can be explained as follows:

- This paragraph states the name of the Act and the date of its enforcement. The Act may be called the Transfer of Property Act, 1882 and it came into force on July 1, 1882.

- This paragraph states the territorial scope of the Act. It extends to the whole of India except the territories which were formerly Part B States or the States of Bombay, Punjab, and Delhi. However, the State Governments can extend the Act or any part of it to their territories by notification in the Official Gazette.

- This paragraph states the power of the State Governments to exempt certain provisions of the Act from their territories. The State Governments can exempt, either retrospectively or prospectively, any part of their territories from section 54, paragraph 2 and sections 3, 59, 107, and 123 of the Act by notification in the Official Gazette. These sections deal with the transfer of immovable property by sale, mortgage, lease, exchange, gift, and actionable claim respectively.

- This paragraph states the exception to the applicability of certain provisions of the Act in relation to the Indian Registration Act, 1908. Section 54, paragraphs 2 and 3, and sections 59, 107, and 123 of the Act do not apply to any district or tract of country that is excluded from the operation of the Indian Registration Act, 1908, under the power conferred by the first section of that Act or otherwise. This means that the transfer of immovable property in such areas does not require registration under the Indian Registration Act, 1908.