Sale of immovable property central government act section 54 in the transfer of property act, 1882 54. Perpetuity simply means indefinite period, so this rule is against a transfer which makes a property inalienable for an indefinite period. This division is identical to a great extent with that of immovable or movable. Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another. The constitution of the republic of south africa, 1996 learning outcomes after studying this section, you should be able to understand the scope and content of the law of property by. A mortgage under the transfer of property act is a transfer of an interest of an interest in the land mortgaged, and not a mere contract. Free property law books download ebooks online textbooks. Transfer by act of parties, vested and contingent interest, election, clog on, right to foreclosure, mortgage, sale, charge, lease and gift. Property law notes real property fee simple scribd. The transfer of property act, 1882 4 of 1882 th 17 february, 1882 an act to amend the law relating to the transfer of property by act of parties. The object of the transfer of property act is to define and amend law relating to. The transfer of property act 1882, was amended substantially in 1929. A transfer of ownership of property usually begins with the sale of the property, thus we will look at the agreement of sale. Transfer of immovable property will take place by transferring it from one person to another.
Sale is a transfer of ownership in exchange for a price paid or promised or part paid and part promised. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. Transfer of property llb 3 years 2045 kslu studocu. Before that, the transfer of immovable property was governed by principles of english law and equity.
If tne condition is not valid in law, it will be ignored. In english law, the property has been divided into the real and personal property. Transfer by such person is a transfer by unauthorised person. 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. Whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Rule against perpetuity has been dealt under section 14 of transfer of property act, 1882. Transfer of property act, 1882 bare act an act to amend the law relating to the transfer of property by act of parties. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place.
Introduction to transfer of property act, 1882 notes to help. Section 43 of the ac provides the effect when such unauthorised person subsequently acquires interest in property transferred. Property law notes and cases pdf ebook download for llb. The division into real and personal is not based on any logical principle but is a result of the course of legal development in england. Transfer of property other than agricultural land, registration of deeds and document fall in the concurrent list. It contains the transfer of both movable and immovable property but a major portion of the enactment is applicable to the transfers of immovable properties only. Title the provisions of transfer of property act, 1882 relating to mortgage. Each owner of a joint tenancy has the power to transfer or alienate their property as desired can be severed in several ways by one party. Preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties.
You can also download pdf for transfer of property act here. Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwards. When one person transfers immovable property to another, if an easement in other immovable property of the transferor is necessary for enjoyment the property. Property law notes llb pdf corporate law bballb studocu. Once a document transferring immovable property has been registered, the transaction passes out of the domain of.
Get free llb law notes for first years part 1, 1 years second years 2nd year, part 2 and third years 3 years,part 3and past papersprevious papers in pdf. In the following sections transfer of property means and 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. Transfer of property is the most difficult subject, next only to jurisprudence. Transfer of property act 1882 lecture in hindi youtube. A mortgage as per section 58 of transfer of property act is transfer of an interest in immovable property for securing payment of debt.
Property means all proprietary rights, which can be weighted and measured in monetary value, excluding personal rights, are property. A person who has no title or interest in an immovable property, cannot transfer that property. Transfer of property means an act by which a living person can conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more or other living persons, and to transfer property is to perform such act. Short title this act may be called the transfer of property act, 1882. The sources of the modern law of property can, therefore, be summarised as follows. All about lease and gift under transfer of property act, 1882 by ayushi modi download pdf lease. To make the transfer valid it is very essential that the person should be competent to make a contract and it should not be forbidden by law. Section 3 of transfer of property act 1882immoveable property does not include standing timber, growing crops or grass. All about lease and gift under transfer of property act. Rule against perpetuity legal services india laws in.
In this video there is the introduction of transfer of property act. It applies only to transfer by the act of parties and not by operation of law. The portuguese civil code follows the structure of the bgb. Transfer of property act short study notes for llb students. What is property an inquiry into the principle of right and of government. But in the most important act which exclusively talks about the property and rights related to property transfer of property act 1882 has no definite definition of the term property. Law relating to the transfer of property by act of parties. Definition of property there are different definitions are given in different act as per there uses and needs. The transfer of property act 1882, was amended substantially. The reason is that it deals with certain doctrines having their origin in the common law of england, some totally alien to the indian concepts. The law relating to sale and purchase of goods, prior to 1930 were dealt by the indian contract act, 1872. A clear reading of muslim law requirements makes it clear that registration is not required with regard to gifts. Section 54 of the transfer of property act iv of 1982 defines sale as under.
Revised edition 2010 1962 published by the national council for law reporting with the authority of the attorney general. In 1930, sections 76 to 123 of the contract act was repealed and a separate act known as the sale of goods act, 1930 was passed. Introduction to transfer of property act, 1882 life, liberty, and property do not exist because men have made laws. The transfer of property act, 1882 the transfer of. The transfer of property act has not defined the term movable as well as immovable property. This course in property law and conveyancing focuses on the tasks that the conveyancer carries out and the workings of the deeds offices in south africa. Doc the transfer of property act 1882 naveen kumar. The transfer of property act, 1882 4 of 1882 17th february 1882 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. Property law the transfer of property act came into existence in 1882.
Transfer of property act short notes llb slideshare. Here property means immovable property, which is attached to earth and cannot be removed in its ordinary meaning. In this post, i have covered section 3 of the transfer of property act. It takes me a lot of time and energy to create these pdfs. The transfer of property act, 1882, defines immovable property as. Occupation and civil law as efficient bases of property, labor as the efficient cause of the domain of property, sychological exposition of the idea of justice and in justice, and a determination of the principle of government and of right. Convenience is not the test but absolute necessity is the test. Sale is a transfer of ownership in exchange for a price paid or promised or partpaid and partpromised. Standing timber case law shanti bai vs state of bombay air 1958 sc 532 in. Property law notes, case laws and study material legal bites. Transfer by act of parties, vested and contingent interest, election, clog on, right to foreclosure. The preamble of act sets out the objectives of the legislation. On the expiration of due date it becomes duty of mortgagor to repay the amount of loan to mortgagee and redeem the property mortgaged. Llb bachelor of legislative law course is the most common undergraduate course of legal law education offered by many law colleges and universities in india.
Property law and conveyancing the south african school. This act may be called the transfer of property act, 1882. It is the specific arrangement of words or notes upon a page, which is ed. The transfer of property act 1882 is an indian legislation which regulates the transfer of property in india. Section 100 of the transfer of property act, 1882henceforth referred as the act defines a charge. Doc the transfer of property act 1882 naveen kumar shelar. The position in hindu law is somewhat varying and deserves to be a subject of special study. Hi fellow law students, i am sharing lecture notes in ebook format pdf for the subject property law for llb and ba.
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