Skip to main content

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.

Labels:

Comments

Post a Comment

Popular posts from this blog

Theories of Punishment

Theories of Punishment Punishment in law serves multiple purposes, and the rationale behind these punishments can be understood through different theories of punishment. These theories form the foundation for justifying punishment and help in shaping law s and sentencing policies. Here’s a detailed explanation of each theory with examples: 1. Deterrent Theory The deterrent theory focuses on preventing crime by imposing severe punishments to create fear among people. The idea is that potential offenders will refrain from committing crimes if they fear punishment. Example : The death penalty or long-term imprisonment for serious offenses like murder or terrorism acts as a deterrent for those considering committing such crimes. 2. Retributive Theory This theory is based on the principle of "an eye for an eye" or giving the offender what they deserve. It focuses on vengeance or moral satisfaction, ensuring the punishment is proportionate to the crime committed. The goal is not to...
Post a Comment
Read more

Companies act ,2013

Companies Act, 2013 Meaning and Nature of a Company with Emphasis on its Advantages 1. Meaning of a Company : A company is a legal entity formed by a group of individuals to engage in and operate a business commercial or industrial enterprise. It is governed by the provisions of the Companies Act, 2013 in India. According to Section 2(20) of the Companies Act, 2013, "Company means a company incorporated under this Act or under any previous company law." Lord Justice Lindley : "A company is an association of many persons who contribute money or money's worth to a common stock and employ it for a common purpose. The common stock so contributed is denoted in money and is the capital of the company." A company is an artificial person created by law. It has a separate legal identity distinct from its members. It can enter into contracts, own property, sue, and be sued in its own name. 2. Nature of a Company : The nature of a company can be understood through its key ...
Post a Comment
Read more

Musahar Sahu and Another v. Lala Hakim Lal and Another, 43 I.A. 151 (P.C. 1915). Section 53 - Fradulent transfer

Musahar Sahu and Another v. Lala Hakim Lal and Another, 43 I.A. 151 (P.C. 1915).  This citation indicates that the case was decided by the Privy Council (P.C.) in 1915, and reported in volume 43 of the Indian Appeals (I.A.), starting from page 151.  The case of Musahar Sahu and Another v. Lala Hakim Lal and Another was a dispute over the validity of two conveyances of land executed by a debtor, Kishun Benode, to his relatives, Kamta Prashad and Hakim Lal, on 2nd September 1901. The plaintiff, Musahar Sahu, was a creditor of Kishun Benode who had obtained a judgment against him on 5th December 1901. The plaintiff sought to set aside the conveyances on the ground that they were made with intent to defeat or delay his claim, under section 53 of the Transfer of Property Act, 1882. The courts gave different verdicts on the two conveyances. The first conveyance, in favour of Kamta Prashad, was set aside by the Subordinate Judge and the High Court, as it was found to be without consi...
Post a Comment
Read more