Transfer of Property in India

Transfer of Property Act 1882 (in India)

The Transfer of property Act is relating to the transfer of property by ‘act of parties.’

‘act of parties’ means ‘inter vivos’ (transfer between living persons);

This law (transfer by act of parties) does not deal with the ‘transfer by operation of law.’

This law (transfer by act of parties) does not deal with ‘passing of property after death.’

Thus, it is complementary to the law of ‘testate & intestate succession.’

The Transfer of property Act DOES NOT affect the following:

1. The various agricultural tenancy laws.
2. Crown Grants Act 1895 (all grants, gifts made by govt)
3. Easements (The Transfer of Property Act does not apply to easements – Indian Easement Act was passed subsequently to this Act.) The creation or imposition of an easement need not be in writing, or be registered under Sec.54 or 123 of the Transfer of Property Act. (BUT where a right of easement is created in writing and such writing requires registration under the Registration Act.
4.  Landlord Tenant relations in urban tenancy under Special Acts.
5. Rules of certain Mohammedan law, in certain respects, have been expressly saved.
6. Enactments not hereby expressly repealed - at the time of passing this TP Act.
7. It does not operate against subsequent enactments. (Apply the Rule: A special provision prevails over the general.)
8. It does not affect the local custom, usage.
9. Right of Partition is not affected by this Act. (right of partition is an incident of property held in joint-tenancy or tenancy-in-common; co-owners may make an oral partition.)
10. Right of Preemption is not affected by this Act.
11.  As per General Clauses Act Sec.6 (Act 1 of 1868) the repeal of any statute or Act shall not affect anything done, or any proceeding commenced before the Repealing Act came into operation.
12.  This Act does not apply to all transfers by operation of law  under sec.2(d); BUT Sec.57 and Chapter IV are saved, i.e. though they are transfers by operation of law, this Act will apply.
13. This Act does not apply to all transfers by decree or order of a Court of competent jurisdiction;
14.  This Act does not apply to all transfers in executions of a decree or order of a Court of competent jurisdiction.