The English law for internal purposes makes distinction in between Realty and Personality.
Condition restraining alienation. It provides, “Unless different intention is expressed or necessarily implied, a transfer of property passes for with the transferee all the interest which the transferor is then capable of passing in the property and in the legal incident thereof.
Transfers Of Property By Act Of Parties. An Act to amend the law relating to the Transfer of Property by act of Parties Preamble – WHEREAS it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties; it is hereby enacted as follows: - Chapter I Preliminary 1. The doctrine of part- performance is an equitable doctrine. 7 . Persons competent to transfer. 10 . Property is a very wide term and would include anything which carries some value and over which the right of ownership may be exercised. 6 .
The doctrine of Lis Pendens esstentially aims at (i) avoiding endless litigation, (ii) protecting either party to the litigation against the act of the other, (iii) avoiding abuse of legal process. The Act does not specify or has no exhaustive list to answer the same but section 6 of T.P.
II. Transfer of Property Act, 1882 (hereinafter referred as "TPA, 1882") incorporates this part of English Law as 'Doctrine of Constructive Notice' under section 3 of the Act as quoted herein below
What may be transferred. Section 8 of the Transfer of Property Act provides transfer of different kinds of property and their legal incidents.
12 . 11 . Short title - This Act may be called the Transfer of Property Act, 1882. It is also known as ‘equity of part-performance’. Section 5 in The Transfer of Property Act, 1882. Lis Pendens is captured under Section 52 of the Transfer of Property Act, 1882 (the “Act”). 5. It merely defines the word 'transfer of Property in Section 5. 9 . Third remarkable thing about the Act is, that it no where defines 'what is property. Restriction repugnant to interest created. In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act. Properties and Rights which cannot be transferable under the Transfer of Property Act, 1882 In the Transfer of Property is defined in section 5 of the Transfer of Property Act as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, and one or more other living persons, and to transfer property is to perform such act Oral transfer. 5 . Section 5 of Transfer of Property Act, 1882: Transfer of property defined – . In such cases it is presumed that the purchaser had the notice of defects, if any. The Act does not apply to cases of transfers by operation of law. Transfer of property defined.
1 [In this section “living person” includes a … R.Kempraj v. Messrs Barton Son & Co. 1962 (2) Supreme Court Cases 594 The Rule against perpetuity contained in section 14 of the Transfer Of Property Act 1882 would not be applicable as no interest in property has been created of the nature contemplated by that provision.
According to the act immovable property does not include standing timber, growing crops, or grass.
Transfer of property has been defined under Section 5 of the Transfer of Property Act. STATUTORY INCORPORATION OF 'AS IS WHERE IS' CLAUSE. “Transfer of property” defined.—In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, 1 [or to himself] and one or more other living persons; and “to transfer property” is to perform such act.
8 . Act [5] states that property of any kind may be transferred, except if states otherwise in the act which essentially makes an exhaustive list of things which cannot be called property and which cannot be transferred. Law > Civil Laws > Transfer of Property Act > Introduction. The Transfer of Property Act, 1882 is one of the oldest Act in India.