Which Of The Following Can Be Transferred Under The Provisions Of The Transfer Of Property Act 1882?

Which of the following properties can be transferred under the Transfer of Property Act 1882?

The Act contemplates the following kinds of transfers: (1) Sale, (2) Mortgage, (3) Lease (4) Exchange, and (5) Gift.

Sale is an out-and-out transfer of property..

Which of the following sections of the Transfer of Property Act 1882 deal with the appointment of a receiver?

(1) A mortgagee having the right to exercise a power of sale under section 69 shall, subject to the provisions of sub-section (2), be entitled to appoint, by writing signed by him or on his behalf, a receiver of the income of the mortgaged property or any part thereof.

What are the modes of transfer of property?

There are various modes of transferring ownership of property: permanently by 1) relinquishment 2) sale 3) gift; and temporarily by way of 4) mortgage 5) lease and, 6) leave and license agreement.

What is sale as per the Transfer of Property Act 1882?

Section 54 in The Transfer of Property Act, 1882. 54. “Sale” defined. —”Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

Who is competent to transfer the property?

—Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in the manner, allowed and prescribed …

What property may be transferred and what property Cannot be transferred?

Stipends related to Military, Naval, Air Forces, Civil Prisoners, government pensions, etc are personal rights and cannot be transferred. General rule of Transfer of Property is that property of any kind can be transferred from one person to another.

How many sections are there in the Transfer of Property Act 1882?

137 sectionsThe Transfer of Property Act was introduced on February 17, 1882. It came into effect on July 1, 1882. The Act consists of eight chapters and 137 sections.

Is partition a transfer of property?

Partition: Partition is not considered as a transfer of property because nothing new is obtained by a co-sharer on the partition, it is not a transfer of property. His specific share, which vested in him earlier, is simply separated.

How can land be transferred?

Land can only be transferred from one individual to another in the legally prescribed manner. Historically speaking, a written deed is the instrument used to convey ownership of real property. A deed is labeled an instrument of conveyance.

What is Exchange under Transfer of Property Act?

WHAT IS EXCHANGE; SECTION 118 OF TRANSFER OF PROPERTY ACT, 1882 defines as “when two persons mutually transfer ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an “Exchange”.

How many sections are in TPA?

The provisions o( sections 54, 107 and 123 were extended to— Delhi, w.e.f. 30-5-1939. Section 129 was extended to certain areas of Delhi w.e.f. 16-11-1940 and to the remaining areas w.e.f. 1-12-1962.

Which properties Cannot be transferred validly?

An easement apart from the dominant heritage cannot be transferred. An interest in the property restricted in its enjoyment to the owner personally, for example, religious offices, services tenures, an inalienable raj, etc. cannot be transferred.

Can land be transferred without consideration?

Under section 122 of the Transfer of Property Act, the immovable property can be transferred by way of executing a Gift Deed without sale consideration. Gift deed allows the person to exchange the ownership without any Sale consideration. … If the Gift Deed is not registered the transfer will be invalid transfer.

Does Transfer of Property Act apply to movable property?

Also this Act deals with a transfer of property inter vivos, i.e., a transfer between living persons. It contains transfer of both movable and immovable property but a major portion of the enactment is applicable to the transfers of immovable properties only. The Act is not exhaustive.

Who can transfer the property under the Transfer of Property Act?

“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.

Which property Cannot be transferred?

(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him. (dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred. (e) A mere right to sue cannot be transferred.

What are the essential features of Transfer of Property Act?

The transfer must be between two or more living persons Section 5 of the Transfer of Property Act, 1882 describes the first essential of a valid transfer. The transfer of property must take place between two or more persons who are living or it must take place inter vivos.

What does transfer of property means?

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 and one or more other living persons; and “to transfer property” is to perform such act.

Who can use the doctrine of part performance?

The Doctrine of Part Performance is a very important provision under the Transfer of Property Act. According to the statutory provisions, a person must have contracted to transfer immovable property for a consideration. The transfer should be in writing and duly signed by either the transferor or his agent.

What are the rights of a property deprived of the things received in exchange by reason of defect in the title of the other party?

Right of party deprived of thing received in exchange– If any party to an exchange or any person claiming through or under such party is by reason of any defect in the title of the other party deprived of the thing or any part of the thing received by him in exchange, then, unless a contrary intention appears from the …

Who Cannot transfer an immovable property?

Specific rights cannot be transferred, as there are only certain people who should enjoy the right. The right to sue, public office, unlawful objects cannot be transferred. The third element is competency as under Section 7 of TOPA. The individual must not be a minor or an insane person.