Transfer inter vivos

Transfer of Property Act 1881

“Transfer inter vivos”

It deals with the ‘transfers by act of parties’ (it is also called as ‘transfer inter vivos’)

The term ‘inter vivos’ means ‘between living persons’

That means it does not deal with ‘transfers by operation of law.’

Transfers by operation of law refers to ‘transfers under statutory provisions.’

(i.e. if a purchaser acquired a property in a court auction sale, such transfer of title is called as ‘transfer by operation of law.’ i.e. it is not a transfer vivos i.e. it is not a voluntary transfer between two living persons.)

TP Act helps the law of intestate and testate succession also.

Originally this Act was enforced to the whole of British India except the princely States.

Now it applies to the whole of India except Jammu & Kashmir.

TP Act does not deal with transfer by operation of law.

TP Act does not apply to any transfer by, or in execution of a decree or order of a Court.

But the sale, by an Official Receiver by selling the property of an insolvent, is a transfer ‘by act of parties’ and hence the TP Act applies.

The Chapter II of the TP Act, i.e. from Section 5 to 53-A, does not affect the rules of Mohammedan Law.