PROPERTY LAW

TRANSFER OF PROPERTY
Immovable Property
The provision of Section 3 of the Transfer of Property Act, 1882 does not provide for a
comprehensive definition of immovable property, however, it only mentions that immovable
property does not include standing timber, growing crops, or grass. Thus the definition only
points out certain kinds of property to be not considered as an immovable property and
further classifies certain kind of properties which can be considered to be immovable
property.
Attestation
Meaning of attested the term attested in this section means that a person has signed
the document by way of testimony of the fact that he was it executed. Attestation is stated in
Section 3 of the Transfer of Property Act. In order to constitute valid attestation the essential
conditions are:
(1) there must be two attesting witnesses,
(2) each must have seen the executant sign or affix his thumb mark to the
instrument,
(3) each of the two attesting witnesses must have signed the instrument in the
presence of the executant.
Notice
The last paragraph of the section 3 states under what circumstances a person is said
to have notice of a fact. He may himself have actual notice or he may have constructive
notice may be imputed to him when information of the fact has been obtained by his agent
in the course of business transacted by the agent for him.
(a) Express or actual notice:
An express or actual notice of fact is a notice whereby a person acquires actual
knowledge of the fact. It must be definite information given in the course of
negotiations by a person interested in the property.
(b) Constructive Notice:
It is a notice which treats a person who ought to have known a fact, as if he actually
does know it. In other words, a person has constructive notice of all facts of which he
would have acquired actual notice had he made those enquiries which he ought
reasonably to have made.

Doctrine of Fixtures
A fixture is something fixed. In Transfer of Property Act, a fixture is a chattel which is
affixed to the soil or land. But a chattel by merely being affixed to the land will not become
an immovable property. There are two things which have to be considered for arriving at the
point whether a chattel is an immovable property. This can be called the Doctrine of
Fixtures.
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(1) Mode of annexation

If the chattel remains on the land by its own weight and is not affixed to the land there
is a presumption that it is only a movable property. Here the criteria is the intention to
make whether it a fixture or not. If the intention was to make it part of the land it is
treated as a fixture.
If the chattel is fixed to the land by means of nails or such things the presumption is
that it is a fixture and become an immovable property.
(2) The Purpose for Annexing
The tenure of beneficial enjoyment of the land is a necessary criterion to hold whether
the chattel is an immovable property.
If the purpose of annexation is the permanent beneficial enjoyment of the land the
presumption is that it is a fixture.
Definition of Transfer of Property (Section 5)
Transfer of Property has been defined in Section 5 of the Transfer of Property Act
meaning an act by which a living person conveys property, in present or in future to one or
more other living persons and to transfer property is to perform such act.
What may be transferred: (Section 6)
Property of any kind may be transferred, except as otherwise provided by this Act or
by any other law for the time being in force.
(a) The chance of an heir-apparent succeeding to an estate, the chance of a
relation obtaining a legacy on the death of a kinsman, (Spec successionis),
(b) A mere right of re-entry for breach of a condition subsequent
(c) An easement,
(d) An interest in property restricted in its enjoyment to the owner personally,
(e) A right to future maintenance,
(f) A mere right to sue,
(g) A public office, nor can the salary of a public officer, whether before or after it
has become payable,
(h) Stipends allowed to military, naval, air-force and civil pensioners of the
Government and political pensions,
(i) No transfer can be made (1) in so far as it is opposed to the nature of the interest
affected thereby, or (2) for an unlawful object or consideration within the
meaning of section 23 of the Contract Act, 1872, or (3) to a person legally
disqualified to be transferee,

(j) Nothing in this section shall be deemed to authorise a tenant having an

untransferable right of occupancy, the farmer of an estate in respect of which
default has been made in paying revenue or the lessee of an estate under the
management of a Court of Wards, to assign his interest as such tenant, farmer
or lessee.
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