​INTRODUCTION

Land is a subject falling within the powers of the State Governments under the
Constitution of India and hence, property laws in India may differ from State to
State. Besides the local laws, several laws enacted by the Central Government
also govern acquisition and ownership of property (including an interest in
property) through purchase, sale, transfer, mortgage, inheritance or gift.
Transfer of property other than agricultural land, registration of deeds and
1
document fall in the Concurrent List.

When a person acquires or owns an immovable property, the law also give
him/her the right to use, lease, sell, rent or transfer/gift of the land. The owner
also has a right to mortgage his immovable property as a security for loans.
However, there are some laws which restrict the type of use a land can be put
to, e.g., a land may be used only for residential or commercial purposes to
prevent haphazard or unorganized growth of cities and towns. Laws in some of
the States prevent and restrict outsiders from acquiring property within the
State. Restrictions are also placed on non-agriculturists from acquiring
agricultural land. There are also other laws which prescribe rules and
regulations for protection of environment or which provide for approval of
building plans/designs so as to protect people from natural or man made
hazards.

Some laws like the Registration Act, 1908, also lay down provisions governing
registration of property transactions so as to keep proper records of ownership
of property in the public domain. Some laws relating to taxation like the
Income Tax Act, 1956 lay down certain provisions and procedures to be

1
The Constitution of India, Seventh Schedule, List II, Entry 18 and Article 246 (3). 2 Id., List III, Entry 6 state to
state.
observed while undertaking property transactions so as to ensure tax
compliance of an owner before disbursal of property.

In India, transactions for purchasing, selling, transferring, creating an interest in

immovable property and transmission of title in respect of a property are
governed by several laws, rules and regulations. The Transfer of Property
between any two parties is governed by the Transfer of Property Act, 1882.
Both these parties need to be alive for transfer under the Act. In case of
transfer of a property of a deceased person, Succession Laws as per the
religion of the deceased will be applicable.

​THE TRANSFER OF PROPERTY ACT, 1882

1. Scope and applicability

✔ First law commission made the draft of Transfer of Property Act.
✔ It is a codification of the manner in which an owner of the property may
exercise his right of ownership of property i.e. right to transfer.
✔ This Act deals largely with the transfer of immovable property, while the
Sale of Goods Act, 1930 and Indian Contract Act, 1872 deal with the
transfer of movable property.
✔ Preamble of the Act sets out the objectives of legislation to define
certain parts of law of transfer of property.
✔ TPA applies to transfer of property by act of parties.
✔ IT deals with ​inter vivos transactions only i.e transfer between living
persons only. Testamentary transfers are governed by the Indian
Succession Act.
✔ A transfer can be made even without writing where writing is not
expressly required by law.
 ✔ TPA is not an exhaustive law.
✔ It came into force on the first day of July, 1882
✔ Before the commencement of the TPA, the transfer of immovable
properties in India were governed by the Principles of English Law and
Equity.
✔ Gift, sale, exchange etc. are transfers as per TPA but NOT Abandoment
of a claim to property.
✔ After Jammu and Kashmir Reorganisation Act 2019, Transfer of
property to be extended as whole (Centrals law made applicable to J &
K, UTs of Ladakh)and Section 139 & Section 140 are omitted. (State
laws made applicable to J&K, UTs of Ladhakh)
✔ A right created by transfer on the same date is to be determined by
looking into the Document first in point of time.
✔ This Act has no application where it takes place by operation of law.
✔ Chapter 2 of this Act shall not be deemed to affect any rule of
Mohammadon Law in case of conflict or inconsistent with it.
✔ The provisions of this Act shall not be applied to affect or change the
basic nature or constitution of property.

✔ The Transfer of Property Act is a substantive law. It provides the basic

principles of transfer of property.
✔ The Transfer of Property Act have many parts, these are
(i) Section 5 to section 37, this part applies, whether property is movable or
immovable.
(ii) Section 38 to section 53-A, this part applies only to immovable property.
(iii) Section 54 to 117, this part applies only to immovable property.
(iv Section 118 to 137, this part applies to both.
 ✔ The areas of the subject to which the Act is applicable, it overrides
personal laws relating to transfer of property. There is no right to
enforce the right of pre-emption unless the title to the property has
passed in accordance with the provisions of the Act. A mere agreement
to sell does not have the effect of transferring property, pre-emption
could not be claimed.
✔ In the case of ​Shyam Lal v. Deepa Dass Chela Ram Chela Garib(2016):
TPA shall be applicable to Punjab and Haryana but only as regards these
sections declared by notification.
✔ Contract completes TPA and Section 4 is supplementary and in addition
to registration Act. The law of contract is agreement between two
parties for performing certain promises. There is always a give and take
in contract similar to transfer of property. Further, various sections such
as Section 7 (capacity of the transferor and the transferee) and there is
competency which has to be read with law of contract. Even a sale or
mortgage or lease is basically a contractual relationship. Section 54 para
2 and 3, Section 59, Section 107, Section 123 of TPA is read as a
supplement to Indian registration Act. Even the language of Section 17
of Registration Act is similar to the TPA and in addition to TPA.

2. Interpretation Clause (Section 3)

Section 3 of the T.P. Act deals with interpretation of the terms which we come
across in the Act, and these terms are explained in detail here under:-

A. Immovable property
✔ The definition of Immovable property given in the S.3 of Transfer of
Property Act 1882, is not exhaustive, it is the negative definition which
 exclude the things and says immovable property does not include
standing timber, growing crops or grass.
✔ The definition in the General clauses Act also not exhaustive but it is
some what positive definition which includes land, benefits to arise out
of land , and things attached to the earth.
✔ Section 3, Transfer of Property Act, 1882 defines things being "attached
to the earth" as meaning one of the following three things either 1)
rooted to the earth, or 2) embedded in the earth, or 3) permanently
attached to what is embedded in the earth for the purpose of beneficial
enjoyment of that to which it is attached.
✔ An exception as to standing timber, crops and grasses is carved out from
this category because the intention with which they were sown was
always to cut them down for use as movables. ​Therefore, when land is
transferred, standing trees which are rooted in the earth on that
land will also be transferred along with the land as would anything else
permanently attached to the land, unless there is a clear express or
implied intention to the contrary.
✔ A combined reading of the above two definitions gives us some idea
about immovable property and each components explained below:-
(i) LAND
Land in this context also includes wells, tube wells, ponds, tanks, rivers
and streams, and canals. A benefit to arise out of land, or a "profit
a prendre" (benefit from use) is a right to use land in a manner
which would derive profit or benefit for the person who is entitled
to such use. A profit a prendre is an interest in land and is,
therefore, immovable property.
All example of interest in land being immovable property is provided by
Ananda Behera v. State of Orissa(1956), ​where it was held “as a
profit a prendre is regarded as a benefit arising out of land it
follows that it is immovable property within the meaning of the
Transfer of Property Act.
In Bihar Eastern Gongetic Fishermen Coop Society Ltd. v. Sipahi
Singh(1977),​ the Supreme Court held, " ​lease of fishery which is
immovable property as defined in Section 2(6) of the Registration
Act, 1908, if it is for any term exceeding one year or reserves a
yearly rent, has also to be registered under Section 17(1)(d) of
that Act and Section 107, Transfer of Property Act."
(ii) BENEFITS ARISING OUT OF LAND
According to General Clauses Act, besides land any benefit arising out of
land and every interest in the land also is considered to be
immovable property. Hence, right of fishing, and right of way,
right to light, and right to collect the rents are held to be
immovable property.
(iii) THINGS ATTACHED TO EARTH
General Clauses Act includes these in the definition of immovable
property. As per Section 3 of TPA, things attached to earth are
"things rooted in the earth, things imbedded in the earth, things
attached to what is so imbedded for the beneficial enjoyment of
that to which it is attached”. ​The expression “imbedded in the
earth” includes such of those things viz., houses, buildings and
walls. Under the English Law this phrase is s​ imilar to what are
called "​FIXTURES​". A fixture is a chattel fixed to land and such a
chattel once attached to land becomes immovable property
 Under Indian Law the English Rule that a chattel fixed to the land
becomes the part of the land and the owner of the chattel ceases
to be the owner of the said chattel.
Though this is a rather subjective concept, there is a two-fold object is
sufficiently embedded in the earth to be considered immovable
property. ​First is the degree of annexation. The thing embedded
must be so removal would be likely to cause damage to the earth
or that it cannot be removed without great effort. If this is so, the
thing embedded may be called immovable property. ​The second
facet is the object of annexation or the reason why the thing was
embedded in the earth in the first place.​ There must be an
intention that the thing was embedded with the intention of being
placed in the earth permanently. A building is called immovable
property because its foundation is firmly embedded in the earth
and there is generally no intention of uprooting a building
in a short while after its construction.
Things which are permanently attached to things which are embedded
in the earth are also immovable property. The degree of
attachment must be so great that the thing which is attached
must have no separate existence or entity from the thing to which
it is embedded. There is a two-fold test to be observed when
considering whether a thing attached to a thing embedded in the
earth is immovable property: ​1) it must be permanently attached,
and 2) it must be for the beneficial enjoyment of the thing which is
embedded. Both conditions must be fulfilled.
(iv) THINGS IN EARTH
Under this phrase such things like trees, shrubs may be included.
However, iif such trees are intended to constitute standing timber,
they fall outside the scope of the term immovable property under
this phrase. Therefore all things, though rooted in the earth do not
become immovable property.
Example : Babul and Sesham trees, these trees are not immovable
properties since they are treated as standing timber. As such
when a question arises whether a tree is immovable property, it
should be decided taking into account the intention of the parties.
Fruit bearing trees are considered to be immovable property.
Again in this case also it should be seen whether the parties
intended only to enjoy the fruits of the tree, or they intended to
use the tree for the purpose of timber. In later case the tree is not
an immovable property. According to rule in ​Marshell v. Green
(1876), ​a tree which was agreed to be cut and taken away
immediately cannot be treated as immovable property, further
the parties must intend that "the tree should continue to have the
benefit of further nutriment to be afforded by the land". This rule
was applied in ​Seeni Chettiar v. Santhanathan Chettiar (1895),
where the parties desired
to retain the tree for a period of four years it was held that the sale of
such tree being sale of immovable property requires registration.
(v) MOVABLE PROPERTIES
The TPA does not define movable property which has been defined in
the General Clauses Act as meaning “property of every description
except immovable property. In case of ​SPKN. Subramanian Firm
v. M. Chidambaram​(AIR 1940 Mad 825), it was held that if the
 thing imbedded is for the permanent beneficial enjoyment of the
immovable property to which it is attached, then it is immovable
property. However, if the thing is fixed for a short period though
fixed for the time being so that it may be enjoyed and the person
using the same for beneficial enjoyment of thing itself and not of
the land, then it is movable property. In the present case, the
intention of the defendants were clear that they did not treat
engine as a part of the premise as they were under a lease and
were expecting eviction from premises.
Similarly, cinema equipment like projector, diesel engine etc. installed
on the tenanted land temporarily and not only not attached to the
earth, but also not permanently fastened to anything attached to
2
the earth are movable properties.
Therefore, whether the machinery embedded in the earth can be
treated as moveable or immovable property depends upon
intention of the parties which embedded the machinery and also
3
the intention of the parties alienating the machinery.
Therefore, anything it can easily be inferred because the exhaustiveness
of the definition of immovable property that anything which is not
covered under the definition of it is a movable property including
computer programs and other intellectual property.

2
​Bamadev Panigrahi v. Monorama Raj,​ AIR 1974 A.P. 226.
3
​Duncan Industries Ltd. V. State of U.P. ​, (2000) 1 SCC 633.
 B.ATTESTATION

Attestation according to Section 3 simply means a person signing the

document, in proof of the execution by executant.
Under Section 3, the following are the requirements for a valid attestation:
✔ Two or more persons
✔ Each of such person must witness the executant signing or affixing
his mark or some other person signing the instrument in the
presence and under the directions of the executant or receive
from the executant a personal acknowledgment of his signature or
make or of any other person.
✔ Each person must sign in the presence of the executant.
✔ Although it is stated above that each person attesting the
document must witness the executant or some other person
signing or affixing his mark, it is laid down in the Section that all
the witnesses or more than one need not be present at one and
the same time.
✔ From the Section it can be understood that attestation means
signature of two or more persons on a document in proof of
execution by executant for which one of the attestors should have
witnessed the execution, or attested the document on the
acknowledgment of executant.
✔ An attestor attesting the document must be suijuris(capable of
entering contract)​, and the attestor must have ​animo attestandi
(intention to attest). Hence if signature is made for any different
purpose it is not an attestation under this Section. All are
competent to be attestors including illiterate persons.
 ✔ Each witness must sign only after the execution is complete,
otherwise it will not be a valid attestation ​[Sant Lal v Kamla
Prasad (1952) SCR 116]. A document could be attested on the
same day when it was written.
✔ In ​Lala Kundan Lal vs Musammat Musharrafi Begam , it was held
4

that although attestor does not sign actually in the presence of

executant, still the attestation is valid if there is possibility for the
executant to see the witnesses. An attestation must always be
done after the execution of a document but not before thereto. As
pointed out in ​Kamla Prasad & Ors vs Sri Krishna Kant
Pathak(2007), a​ n attestation of a mortgage deed executed after
the attestation by the attestor was held to be not a proper
attestation under law.
✔ English Law requires that attestor should always actually witness,
the execution at the same time and all the attestors must be
present at the time of execution. But after T.P. Act (Amending Act,
1926) was passed the presence of all the attestors at the time of
execution was dispensed with by annulling the judgment of the
Privy Council in ​Shamu Patter v. Abdul Khadir,​. Hence at present
attestors who were not present at the time of execution can attest
on receiving personal acknowledgment from the executant.
✔ Attestation of a document is only evidence in proof of the
execution​. Therefore it cannot be presumed that the attestor has
the knowledge of the contents of the document.
✔ The word personal shows the acknowledgment must be by the
executant himself not by agents

4
(1936) 38 BOMLR 783
 ✔ Attestation does not estop the attestant.
✔ Paradnashin lady can validly attest. ​(Kundan Lal v. Rofi Begum
(1939)
✔ A person party to transfer cannot be an attesting witness but a
party interested in transaction can be a competent witness.
✔ Two persons who had identified the testator at the time of
registration of will and had appended their signatures at the foot
of endorsement by the sub-registrar, were not witnesses as their
signatures were not put animo attestandi (​(​Girja Dutt v. Gangotri
Datt Singh (AIR 1955 SC 346).
C. NOTICE (knowledge of a fact, affects one’s legal rights and liabilities)
According to Section 3 ​“A person is said to have notice of a fact when he
actually knows that fact, or when but for wilful abstention from the
inquiry or search, which he ought to have made or gross negligence, he
would have known it” ​Notice is of two types viz., actual notice and
constructive notice or imputed notice.

(i)Actual Notice

A person is said to have actual (or express) notice of a fact when he actually
knows it. An actual notice, to constitute a binding notice, must be
definite information given by a person interested in the thing in respect
of which the notice is issued, and it must be given in the same
transaction. Thus, vague reports or rumours, or suspicion of the
existence of a fact will not amount to express notice. The party imputing
notice must show that the other party had knowledge which would
operate upon the mind of any rational man, or a man of business, and
make him act with reference to the knowledge he has so acquired.
(2) Constructive Notice

It is a notice which treats a person who ought to have known a fact, as if he

actually does know it (rule of equity). 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. It is the knowledge which the court imputes to a person upon a so
strong that it cannot be allowed to be rebutted that knowledge must
have been obtained. The legal presumption of knowledge can arise in
the following five cases:-

✔ wilful abstention from an inquiry or search,

✔ gross negligence,
✔ registration
✔ actual possession
✔ notice to agent.

(i) Wilful abstention from an inquiry or search

The words "wilful abstention" (conscious and deliberate abstention) are said to
be such abstention from inquiry or search as would show want of bona
fides in respect of a particular transaction. The following are some
instances where the courts have held that a person is to be fixed with
constructive notice for having abstained from to have made:

✔ A proposes to sell his property to B, who at the same time knows

that rent due in respect of the property are paid by the tenants to
a third person, X B will be fixed with notice of the rights of X ​[Hunt
v. Luck(1902)].
 ✔ A mortgages his house to B, who omits to investigate the
title-deeds relating to the house. C has a charge on the property
mortgaged. B will be presumed the charge.
✔ A refuses a registered letter, which contain certain information
relating to property which A proposes to purchase. A will be
deemed to have notice of the contents of the letter ​(Joginder v
Dwarkar, 15 Cal 681].
✔ A purchases a house from B. A is informed before the purchase
that the house had fallen to B's share on the partition. A omits to
inspect the partition-deed which gives a right to C to purchase the
house in the event the house is sold. A is affected with the notice
of C's right of pre-emption.
✔ It may be noted that the 'abstention from inquiry' must be with
some purpose/design and due to a desire to avoid to ultimate
knowledge. This Sometimes happens when a person thinks lost its
inquiry which would lead to ultimate knowledge. This sometimes
happens when a person thinks that he has struck a good bargain
and wants to purchase the property quicklyiest other persons
might came forward and compete with him.
✔ A prudent purchaser should not rest content with merely seeing a
mutation entry (in the land records), if it does not cover the whole of the
land he is purchasing. He ought to ascertain what the entries in
the Record of Rights are, and whether the vendor has got full
proprietary rights. If he fails to do so, there is a want of care or
wilful abstention from enquiry or search.

(ii)Gross negligence
The doctrine of constructive notice also applied when a person, but for his
gross negligence, would have known the fact. Negligence means
omission to take such care as a prudent person would take; 'gross
negligence' means high degree of such neglect. "Gross negligence does
not mean mere carelessness but means carelessness of so aggravated a
nature as to indicate an attitude of mental indifference to obvious risks"
{Hudston v Viney (1921) 1 Ch.98}

The question is not whether a person had means of obtaining knowledge, but
whether as a reasonable man he ought to have made it i.e. in the given
circumstances there was a duty to find out.

(iii) Registration as a Notice (Explanation I to Section 3)

Explanation I to Sec. 3, where any transaction relating to immovable property

is required by law to be, and has been, effected by registered
instrument, any person acquiring such property, shall be deemed to
have notice of such instrument from the date of registration. In order
that registration of an instrument may operate as a notice of its
contents, the following three conditions must be satisfied:-

(1) The instrument must be compulsorily registrable. Thus, registration is

notice only where the instrument is required compulsorily, and not
where the registration is optional.

(2) The registration of the document must be completed in the manner

prescribed by the Indian Registration Act.

(3) The instrument (or its memorandum) and the particulars regarding the
transaction to which it related must be correctly entered in the registers
and indices kept under the Registration Act.
When a document is registered, it becomes a public document and any
person acquiring interest in a property can and ought to confirm the title
of person by looking at documents in Registrar's office.
For instance, A registered document to B. He later enters into a contract
with C to sell him the same house. Law imposes a duty upon C to inspect
the registers at the Registrar's office, and if he does that, he would come
to know about the sale in favour of B. Failure to inspect the register will
be detrimental to the C's interests, as he would be imputed with
constructive notice of the registered transaction.
It is also a logical corollary that if such registration is improperly done,or
if the documents are not properly maintained, not have found out even
if he made an inquiry. In such case, notice cannot be imputed a person
to him.
Where registration of a document is not mandatory but only upon, then
registration would not operate as a constructive notice. e.g selling of
immovable property of less than Rs. 100; gifts of movables; registration
of testamentary instruments; documents pertaining to transfer of
movable property, equitable mortgages; gift of property given to the
daughter by way of pasupu kumkuma, etc. A partition deed is not
required to be registered and would not amount to constructive notice.
A, mortgages her jewellery and registered deed but retains possession of
it, with an that if within 10 years she fails to repay the amount, B would
have a right to recover the loan amount by the sale of this jewellery. A
sells the jewellery to C, for full consideration. Though the mortgage deed
is registered, its registration would not amount to constructive notice, as
 mortgage of movables is not required by law to be compulsorily
5
registered.
The registration of a document is notice to subsequent transferees only.
A prior transferee is not affected by notice of subsequent transactions
from the fact of registration of the same. For example, A mortgages his
property to B who grants a sub-mortgage to C. A in ignorance of the sub-
mortgage pays the mortgage debt to B. The fact that the sub-mortgage is
6
registered does not amount to notice of the sub-mortgage to A.

(iv) Actual possession as a Notice (Explanation II to Sec. 3) -

Actual possession, ie., de facto possession, of property by another must

put the purchaser of such property on his guard. Possession, therefore,
amounts to notice of title in another. It is, therefore, laid down that any
person acquiring any immovable property (or any share/interest in such
property) is deemed to have notice of the title (if any) of any person,
who is for the time being in actual possession thereof (Explanation II to
Sec. 3).It will be seen that this provision makes the factum of possession
operate as notice.
Therefore, an intending purchaser of a piece of land will be said to have
constructive notice of a third party's claim to that land when that third
party is in actual possession thereof, instead of the vendor. For instance,
A contracts to sell land to B for Rs. 5000. B takes possession of the land.
Afterwards A sells it to C for Rs. 6000. C makes no inquiry of B relating to
his interest in the land. B's possession is sufficient to affect C with notice
of his interest, as he may enforce specific performance of the contract
against C.

5
Backer Khoransanee v Ahmed Ismail AIR 1928 Rang 28.
6
Sahadev v Shekh Papa, (1905) 29 Bom 119.
In ​Daniels v Davison (1809) 16 Ves. 240,​ A leased a house to B and then
agreed to sell the property to B. A then sold the property to C. Held that
C was affected by constructive notice of B's rights with respect to the
property. Where the land is in occupation of someone other than
vendor, the fact of the occupation gives the purchaser constructive
notice of any rights of the, occupying tenant.
In ​Abdul Mazid v B. Ahmed (AIR 1980 Gau 44), the defendant- landlord
leased out suit property to the plaintiff defendant entered into an
agreement with the plaintiff to sell the suit property to him; received an
advance and agreed to execute a sale deed. The possession was
delivered to the plaintiff but the deed was not executed. The defendant
in the meanwhile sold the property to other on rent. Later, the
defendants, and hence a suit for specific performance of the contract
was filed. It was held that the plaintiff having no title in the suit property
(the sale-deed being not executed) was not entitled to be noticed as a
title- holder and hence cannot get a decree for specific performance, but
would be entitled to defend his possession only. The enquiry under Expl.
II, Sec. 3 is limited to title only. On the date of the sale of the property to
other defendants, the plaintiff was not a tenant but a contractor and
therefore he would be entitled to protection of his rights attached to
that status and not that of a tenant.
It should be noted that notice is not extended to possession which is
merely of a constructive nature, as it would be too much to expect a
man to find out every possible person who, though not on the spot, is
operating on it from behind. For instance, A contracts to sell land to B,
who in pursuance of the contract puts his tenant in possession. A sells
the land to C. C is not affected with notice of B's interest.
(V) Imputed notice: Notice to agent
✔ Explanation III to Sec. 3 makes notice to an agent operate as
constructive notice to the principal. The principle of this rule is
based on the maxim ​Qui facit per alium facit per se i.e. he who
does by another, does by himself.
✔ A person is deemed to have had notice of any fact if his agent
acquires notice thereof:
❖ whilst acting on his behalf,
❖ in the course of business,
❖ to which business, that fact is material.
✔ However, if the agent fraudulently conceals the facts, the principal
cannot be charged with notice thereof as against any person who
was a party to or otherwise cognizant of the fraud. It may be
noted that notice here is imputed to the principal irrespective of
whether his agent did actually communicate the fact to him or
not. The notice to the agent may be actual or constructive. The
underlying principle is that no person would be allowed to get rid
of the doctrine of notice by simply employing an agent. This is to
protect the innocent party.
✔ The general rule that the knowledge of the agent is the knowledge
of the principal has certain limitations. Thus if the notice is
obtained while the agent is not acting on behalf of the principal
and not in course of the business in question and the factum of
notice is not material to the business in hand, his knowledge will
not bind the principal. In Mohori Bibee v D. Ghosh (1903), held
that although the principal was absent from Calcutta and
personally did not take part in the transaction, his agent in
 Calcutta stood in his place for the purposes of the transaction and
the acts and knowledge of the latter were the acts and knowledge
of the principal.
✔ In ​Coote v Mammon (1724) purchases, as agent of B, immovable
property with notice of an encumbrance. Later, B pays the price
and ratifies the purchase. In these circumstances, the A to be B's
agent ab initio and the agent's knowledge is imputed to B. It has
been held that knowledge or information obtained by a solicitor
7
or muktear in any case will bind his client.
✔ The agent's knowledge will not operate as knowledge of the
principal where the agent fraudulently conceals the facts from the
principal, and other side, imputing notice to the principal, or
knows of the agent's fraud, and stands by.

7
Also see RajaGokul Das v Eastern Mortgage Co. (1905)10 CWN216].
 D. INSTRUMENT
As per TPA, an instrument would only by a non-testamentary instrument which
clearly means that it excludes testamentary document like a will. Since
TPA governs only the transactions inter vivos, therefore, testamentary
instrument like a will which operates after the death has been excluded.
An instrument is a legal document and as per the Indian Stamp Act, 1899
Section 2(4) would be including every document by which any right or
liability is created, transferred, limited, extended, extinguished or
recorded. Sometimes the transfer would require registration and even
the registration act would also use the word instrument and in fact there
Is no discrimination under registration act as regards instrument or
document.
3. Property that may be transferred [S. 5, 6,7]
❖ Transfer of Property defined(section 5) -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.
☞ In this section "living persons" includes a company or association
or body of individuals, whether incorporated or not, but nothing
herein contained shall affect any law for the time being in force
relating to transfer of property to or by companies, associations or
bodies of individuals.
☞ The definition therefore shows that a valid transfer of property
must have the following components:
1. That it must be an "act". This requires conscious action on the part of
the owner of the property. A transfer by the operation of law will
 not suffice. It is not concerned with transfers by judicial process
like execution sales. See, ​S. 2(d)
2. That both the transferor and the transferee must be living. Since the
Act deals with transfers by a living person, that is, transfers inter
vivos, it also does not apply to wills.
3. That the transfer may take effect immediately that is "in present or
may be deferred to a later date that is "in the future".
4. That for there to be a transfer there must be a conveyance, that is, a
creation of a right in favour of a person who has none by a person
who has a right in the immovable property.
5. That there must be actual conveyance, that is to say, that there must
be the actual transfer of rights and not merely the promise to sell
at a later date. This is to be distinguished from an immediate
transfer which is to take effect in the future. A mere agreement to
sell does not have the effect of conveying. It does not operate as a
transfer of property. Even delivery of possession accompanied by
8
a sale agreement does not effect transfer of interest in property.
A transfer can be effected by a registered sale deed and not
9
merely by an agreement to sell, general power of attorney or will.
6. That a living person can even transfer property to himself. This acting
in one capacity may transfer property to himself acting in another
capacity. The words "which may include himself" were added to
Section 5 in the year 1929 by amendment.
7. An idol or God is a juristic person, capable of owning property but is
not living person and therefore, a dedication of property to an idol

8
​Majidan v. Ishaaq,​AIR 2008 NOC 1135.
9
Suraj Lamp & Industries (P) Lid (2) v. State of Haryana​, (2012) I SCC 65.
 is not a transfer and need not to be made in writing or by a
registered instrument under the TP Act. If a person dedicates
property to God, it would be governed by the relevant religious or
charitable endowment.
8. A transfer of property under Section 5 TPA involves the creation of
new title or interests in favour of the transferee. Partition is not a
transfer of property because nothing new is obtained by a co-
sharer on partition. His specific share, which vested in him earlier,
is simply separated. ​(V.N. Sarin v. Ajit Kumar Poplai AIR 1966 SC
432).
❖ Property
☞ The word "property" means the right and interest which a man
10
has in lands and chattels to the exclusion of others. Section 6,
Transfer of Property Act says that property of any kind may be
transferred. Therefore, the term "property" must be read in its
widest possible sense. Any and all rights and legal interests which
a person may possess, may be called property. A transfer can be
made of the object itself or any of the subordinate rights
associated with the object.
☞ In India, there is no distinction between legal and equitable
estates and all estates, or interests, that is, every kind of property
in land, could be conveyed or created under the Transfer of
Property Act.
☞ The words "in present or in future" refer to "conveys" and not
"property", and so the section could not be interpreted to
authorise transfer of "future" property. In fact, a person cannot

10
​Joydev Sen v. State of W.B.,​ AIR 2010 NOC 256 (Cal).
 transfer what is not in existence. But if he agrees to transfer what
is to come into existence in future, that is, if there is a transfer of
"future" property it is treated as a contract to transfer such
property. If the property does come into existence the transferee
can sue for specific performance of the contract, provided that the
future" property is not of the kind whose transfer is prohibited by
Section 6.
☞ Apart from movable property there are two kinds of property
tangible or intangible. Tangible property refers to any type of
property that can generally be moved (i.e., it is not attached to
real property or land), touched or felt. These generally include
items such as furniture, clothing, jewellery, art, writings, or
household goods. While intangible property refers to personal
property that cannot actually be moved, touched or felt, but
instead represents something of value such as negotiable
instruments, securities, service (economics), and intangible assets
including chose in action.
☞ Few kinds of intangible properties are as follows:
● INTELLECTUAL PROPERTY
Intellectual property is a term referring to a number of distinct types of
creations of the mind for which property rights are recognized—and the
corresponding fields of law. Property does not just comprise of tangible
things like houses, cars, furniture, currency, investments etc. and such
assets are not the only kind that can be protected by law. There are
many other forms of intangible property known as intellectual property
that have been recognized under the law and granted protection against
infringement .
Under intellectual property law, owners are granted certain exclusive rights to
a variety of intangible assets, such as musical, literary, and artistic works;
discoveries and inventions; and words, phrases, symbols, and designs.
Patents, trademarks and copyrights, designs are the four main categories
of intellectual property.
● ACTIONABLE CLAIMS(to be discuss again later along with
Sections 130-137)
As defined under section 3 of Transfer of Property Act, 1882, “actionable
claim” is a claim on which action can be initiated in a court of law for
relief. It can be interpreted in this way also that it is a right of a person to
initiate action in a court of law to secure his claim over a property both
movable and immovable. However under the same section certain
categories of claims have been excluded such as claims which have
already been adjudicated and /or decreed, claims secured by any charge
such as mortgage, pledge or hypothecation of property.
Strictly speaking this claim relates to only such debts or any beneficial interest
in movable property which is not in actual or constructive possession of
the claimant and /or is not secured by charge (pledge, mortgage,
hypothecation) of movable or immovable property. It can be inherited
and transferred by sale, mortgage and gift, just like other property.
Transfer of this claim either by sale, mortgage or gift can be completed
by simply execution of an instrument in writing to this effect. Such
instrument does not need to be registered.
Examples of “Actionable Claim:-“The following claims are “actionable claims”:-
1. Claim for arrear rent;
2. Claim for rent to fall due in future.
3. An option offered to repurchase the property once sold.
4. Benefit of a contract giving option to purchase the land.
5. When a contract for purchase of goods is endorsed by the purchaser, by
writing on the back of the contract under his signature, that he has sold
all his rights and interest in the goods purchased under the said contract
to a certain person who is named and properly identified in such
endorsement.
✔ Actionable claim means a claim to any debt other than a debt
secured under a mortgage or hypothecation or pledge on any
immovable or moveable property , possession of which is given to
person or institution which gave the loan.
✔ An Actionable Claim is a plain unsecured debt which can be
claimed by a person against another person and which can be
enforced in civil courts according to law. Right to benefit of a
contract falls within the definition of Actionable Claim.
✔ An Actionable Claim is transferable and inheritable and it is
deemed to be a property in the hands of the person who has the
claim. Actionable claim, a claim to a debt, whether existent,
accruing, contingent or conditional (the latter two types being
future debt), are capable of being transferred in present. It is
recommended that this position be clarified by virtue of an
amendment to the Transfer of Property Act. Simply stated , an
actionable claim means a claim to any unsecured debt or a claim
to any beneficial interest in movable property, not in the
possession of the claimant. The debt or beneficial interest may
exist, accruing, conditional or contingent.
✔ CONDITIONS OF ACTIONABLE CLAIM:
Two conditions of actionable claim is that— (1)Unsecured Money Debt:
A debt is an obligation to pay a liquidated or definite sum of
money. Such debt may me: (1) existent, (2) conditional, (3)
contingent. If it is now due and owing it is existent.
If it is a present debt but payable in the future it is accruing. A debt
which will be due only if a condition be fulfilled or if a certain
specified thing happens is a conditional debt . Contingent debts
are debt which are payable on a certain contingency, e.g., an
amount due under a policy of insurance.
✔ Types of Debts:
(i) Existent Debt: Where a debt or sum of money has already become
due and is payable (enforceable) at present, the debt is existent.
For example, claim of arrears of maintenance allowance or the
claim of arrears of salary is existent debt because a definition sum
of money has already become due in the past and now it is
payable.
(ii) Accruing debt: Where a debt or sum of money is at present due
but it is payable not now but on a future date, the debt is
accruing. Accruing debt is due at present but becomes payable
only on a future date. For example if A promises to pay Rs. 100 to
B as maintance allowance on fifth of every month, the claim for
salary to fall due in the next month is an accruing debt and such
an actionable claim.
(iii) Conditional or Contingent debt: Where the claim for a sum of
money exists but the payment depends upon the fulfillment of
any condition, the debt is condition. If A promises to give Rs. 1000
to B provided he marries within one year, than B’s claim for Rs.
 1000 is conditional because it is subject to a condition to be
fulfilled by him in future.

❖ Section 6 provides what kinds of property may be transferred and what

may not be transferred. It says that “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.
✔ Under this section, the general rule is, every kind of property can
be transferred. There may be exemptions in the personal laws, or
recognised by local customs. The reasons for placing restrictions
on transferability may be broadly classified into three categories,
viz. 1) public policy, 2) that the right is personal to the one
exercising it, and 3) that the right is intrinsically connected to a
larger right or property which is not being transferred.
✔ A public officer cannot be transferred, nor can the salary of a
public officer, whether before or after it has become payable, and
stipends allowed to military, naval, air force and civil pensioners of
the government and political pensions for example, pensions are
granted to ensure the pensioners' comfort; it is a matter of public
policy that pensions or stipends not be transferred before they are
paid out.
✔ A restricted interest in property may be created for a particular
person. It is a personal right. For example, a life interest is created
in a flat in respect of a widow. She cannot transfer it in her
lifetime since the right is restricted to her personally. There are
also some rights which cannot be transferred without also
 transferring the larger object to which they are attached. These
restrictions are on the transfer of the "mere" subordinate right
without transferring the dominant heritage or the larger interest.
For example, a mere right of re-entry for breach of a condition
subsequent cannot be transferred to anyone except the owner of
the property affected thereby. Which means that if ownership of
the property in its entirety is transferred, the right of re-entry will
pass to the new owner along with the property, but the "mere"
right of re-entry cannot be transferred without transferring
ownership.
⌦ Scope clause (a)Chance of succession or of legacy- spes successionis
☞ It means a mere chance of succession or a bare or naked possibility. In
Indian law the transfer of an expectancy and an agreement to transfer it,
are both void. Under Indian law, an agreement to assign a spes is null
and void. This is because the person who is seeking to transfer the
property has no present right in the property, he only has the chance
that he may succeed to the properly at some time in the future. A
person can only transfer what he owns. An heir apparent has no right in
the estate of his predecessor while his predecessor is alive.
☞ This is based on the maxim ​nemo est haeres v​ iventis which means that
no one is an heir during his predecessor's lifetime. Until the heir actually
succeeds to the estate of his predecessor, any transfer by him is a mere
possibility enforced as being opposed to public policy.
☞ The possibilities referred to in Section 6(a) are:

(i) the chance of an heir apparent succeeding to an estate

(ii) the chance of a relation obtaining a legacy on the death of a kinsman,

(iii)any other mere possibility of a like nature.

☞ This clause may be compared with ​Section 43.​ That section provides:
Transfer by unauthorized person who subsequently acquires interest in
property transferred.-Where a person fraudulently or erroneously
represents that he is authorised to transfer certain immovable property
and professes to transfer such property for consideration, such transfer
shall, at the option of the transferee, operate on any interest which the
transferor may acquire in such property at any time during which the
contract of transfer subsists.

Nothing in this section shall impair the rights of transferees in good faith for
consideration without notice of the existence of the said option.

The illustration to the section is in the following terms:

A, a Hindu, who has separated from his father B, sells to C three fields. X, Y and
Z, representing that A is authorised to transfer the same. Of these fields
Z does not belong to A, it having been retained by Bon the partition; but
on 8's dying A as heir obtains Z C, not having rescinded the contract of
sale, may require A to deliver Z to him.

This section deals with what is known in English Law as the ​Doctrine of feeding
a grant by estoppel. It is also referred to as title feeding estoppel or the
forwarding of title by estoppel. In essence this doctrine means that in
the event that an heir apparent does make a transfer of his
predecessor's property or other transfer barred by S. 6(a), the transfer
cannot be acted upon. However, if he does in fact eventually obtain
rights in the property whether by succession or otherwise, he is obliged
to make good on his promise. The transferor cannot now take the
 defence that at the time the transaction was made it was barred by
Section 6(a). He must perform his part of the contract and transfer his
rights in the immovable property. Since the doctrine is based on
estoppel the conditions of Section 115, Evidence Act must be satisfied
before the doctrine applies, that is, the fraudulent or erroneous
representation by the transferor must have induced the transferee to
enter into the contract, and the transferee should not have known the
defect in the transferor's title. Since there cannot be an estoppel against
statue, the doctrine cannot be invoked when a statute specifically
prohibits a transfer, alienation of inalienable service inams.

⌦ Scope of clause (b): (Mere right of re-entry)

☞ A mere right of a re-entry for breach of a condition subsequent cannot
be transferred to anyone except the owner of the property affected
thereby.
☞ By a Mere given to right of re-entry meant a right to resume possession
of-land which has been given to another person for a certain time. It is
usually inserted in lease empowering the lessor to re-enter up a breach
of covenants in the lease.
(a) A grants a lease of a plot of land for 5 years to B with the condition that B
shall not dig a tank on the land. B digs the tank. A relates to transfer C
the right of re-entry for the breach of the condition committed by B. The
transfer is invalid.
(b) A grants a lease of plot for 5 years to B. Subsequently A transfers his right of
re-entry at the expiry of 5 years to C. The transfer is valid as at the
expiry of lease the right of reentry is transferred along with the land.
☞ Since the transfer of the reversion carries with it the right to enter on
forfeiture, a question arises as to whether the transfer should take place
 before the forfeiture is incurred. It is submitted that a covenant for
re-entry can be taken advantage of by the transferee even though he
became entitled to the reversion after the condition of re-entry has
become enforceable, on the analogy of the law in England.
⌦ Scope of clause (c): (Easement)
These right cannot be transferred without the property which has the benefit
of it. An easement is a right which the owner or occupier of certain
immovable property (dominant heritage) possesses for the proper
enjoyment of the property, like a right of way over the adjoining
property (servient heritage). Since the right cannot subsist apart from
the dominant heritage, the right of easement alone cannot be
transferred.
⌦ Clause (d): (Restricted interest)

Clause (d) deals with restricted interest. Where the interest in a property is
restricted in enjoyment to the owner only, it becomes non-transferable.

e.g. if a house is lent to a man for his personal use, he cannot transfer his right
of enjoyment to another. Similarly a religious office like those of
mutawali of a wakf or of mahant of a math and emoluments attached to
priestly office cannot be transferred. But beatle box expenses or karcha i
pandan are personal expenses granted to muslim wife, it is her personal
right which can be transferred.

⌦ Scope and purpose of clause (dd): (Right to future maintenance)

Under this clause, a right to future maintenance in whatever manner arising

cannot be transferred. A person entitled to maintenance is having it as
his personal right for his personal expenses. ​But a decree for past
arrears does not come under the prohibition. This clause was
 introduced by the Amending Act of 1929 and applies to transfers
effected after 1 April 1930, even though the right to maintenance arose
before that date. Under clause (d), a right to receive maintenance was
not transferable, but some courts held that if the amount of
maintenance was fixed by agreement or decree it could be assigned. This
clause was therefore introduced. Although an agreement or a decree
would make such right definite, it is nevertheless a right created for the
personal benefit of the qualified owner.

According to Mulla, if we give literal interpretation then there cannot br a

transfer of future maintenance but in case of arrears of maintenance or
the maintenance which has already accrued or already received can be
validly transferred.

☞ Scope of clause (e): (Right to sue)

An advocate assigned his right to the petitioner to sue the defendant for
damages for defamation. The court said such right was not assignable.
11
The pauper petition filed in this case was not maintainable. But if a
decree for damages has been passed, that decree can be transferred as
it is no longer a mere right to sue. A right to recover mesne profits is a
mere right to sue and is not transferable. It would be otherwise if the
property itself is sold together with mesne profits. The distinction
between an actionable claim and a mere right to sue is brought out in
the decision of the Privy Council in ​Manmatha Nath Mullick v. Hedait
Ali(1931).

11
Sundar v. Romdass, 2012 SCC OnLine Mad 4473.
⌦ Scope of clauses (f) ,(g) and public office, stipends, pensions, etc.
☞ The prohibition under clauses(f), (g) and (h) is based on public policy. An
office is granted to a person on grounds personal to the incumbent and
he alone should discharge the duties of the office. As regards the salary,
though part of it is attachable to discharge a decree against him, the
salary is not saleable, for once a public officer loses the remuneration
attached to his office, he will be under no inducement to perform his
duties and may be tempted to take bribes.
☞ A public office cannot be transferred, nor can the salary of a public
officer, whether before or after it has become payable. If the office is not
public, it would be transferable, even though the discharge of its duties
should be indirectly beneficial to the public.
☞ Stipends allowed to military, naval, air force and civil pensioners of the
government and political pensions cannot be transferred, pension
means a periodical allowances or stipend granted not in respect of any
right of office but on account of part services of particular merits.
Section 60 of CPC also exempts a pension from attachment in execution
of degree against the pension holder.
☞ Nature of Interests Section 6(N) —”No transfer can be made (1) in so far
as it opposed to the nature of the interest affected thereby, or (2) for an
in so far unlawful object or consideration within the meaning of Section
23 of the Indian Contract Act, 1872, or (3) to a person legally disqualified
to be a transferee. “ This clause forbids the transfer of certain things
which from their very nature are not transferable, e.g​., res communes
(things of which no one in particular is the owner and may be used by all
men), res nullius (things belonging to nobody).​Res extra commercium
 (things thrown out of commerce). ​Again, any property otherwise
transferable becomes non-transferable when the object or the
consideration of the transfer is unlawful (within. the meaning of
Section 23, Indian Contract Act).
☞ A transfer cannot be made in favour of a person who is disqualified to be
a transferee. Section 136 of TPA disqualifies Judges, legal practitioners
and officers of court from buying property which are being sold in case
of actionable claim even otherwise in auction also they are not allowed
to buy property.
☞ Un-transferable interests or untranserable right of occupancy[Section
6(i): ​Nothing in this section shall be deemed to authorise a tenant having
an un transferable right of occupancy, the farmer of an estate in respect
of which default has been made in paying revenue, on the lessee of an
estate, under the management of a court of wards to assign his interest
such as such tenant farmer or lessee.”
 ❖ Persons Competent To Transfer (Section 7)
✔ Competency to contract has been defined under section 11 of the
Indian Contract Act, 1872.
✔ Section 11 says that every person is competent to contract-
a) Who is of the age of majority according to the law to which he is subject,
b) Who is of sound mind, and
c) Is not disqualified from contracting by any law to which he is subject.
✔ Age of Majority
Generally the age of majority is 18 except when a guardian of minor’s
person or property has been appointed by the court in which case
it is 21. The age of majority is to be determined according to the
law to which a person is subject.

Mallikarjuna vs. Mareppa, AIR 2008: A person purchased certain

property in the name of his minor son and subsequently resold it while the son
was still minor. Court permission was necessary under section 8 of the Hindu
Minority and Guardianship Act, 1956 but no such permission was taken. The
provision being mandatory the sale was held to be void.

✔ Minor as a transferor: a minor’s contract is void.

Raja Balwant Singh vs Rao Maharaj Singh a transfer of property by a
minor is void.
 Minor as a transferee: there is no specific provision of law incapacitating
a minor from holding property under a transfer in his favour.

✔ Sound mind
Under section 12 of the Indian Contract Act, a person is of sound mind of
the purpose of making contract if he is capable of understandings
it and of forming a rational judgment as to its effect upon his
interest. A contract made by a person of unsound mind is void. A
person who is usually of unsound mind but occasionally of sound
mind may make contract when he is of sound mind.

✔ Disqualified person
An insolvent and alien enemy is disqualified from contracting. A transfer
by a defacto Guardian of minor’s property is invalid and will be hit
by section 11 of Hindu minority and guardianship Act, 1956.

❖ Operation of transfer and its effect(S.8)

The general rule as regards to transfer of property is that with the transfer, all
the benefits that are arising or are connected with the property is also
transferred forthwith or immediately to the transferee i.e. rent, income,
rights or other benefits. All the rights, liabilities, interest, incidents
would automatically stand transferred. The word legal incidents or legal
rights means everything annexed to it for permanent enjoyment e..g
motor, windows etc., things attached to earth and beneficial interest of
land.
In case of C. Cheriathan v. P. Narayanan AIR 2009 SC 1502, it was held that
there can be cases where some rights have been reserved by owner
himself and such intentions has to be gathered from entire document
and not just by a particular clause or document has to be read in
entirety.
In case of Divisonal forest officer v. Dant AIR 1968 SC 612, it was held that if
the land is transferred all the houses, structures including trees on the
land will be passed by a necessary implication and no need to mention
them but legal incidents under Section 8 is not exhaustive even other
Sections like Section 108(a), Section 55(2) and Section 65 would also lay
down that the legal incidents along with the property.
❖ As per Section 9​, unless the law mandates registration(in writing) such
as [gifts(section 123), Sale (Section 54), Leases year to year, Simple
mortgage(S.59) Section 118( Exchanges), actionable claims etc. ], there
can be ​oral transfers.​ It is Generally in moveable properties.
PRACTICE QUESTIONS: PART 1 (OBJECTIVE)
1. TheTransfer of PropertyAct,1882,shall come into force on_____
(a)17/02/1882
(b)01/07/1882
(c)01/11/1882
(d)25/12/1882

2. Before the commencement of the Transfer of Property Act, 1882, the

transfer of immovable properties in India were governed by the
(a) principles of English law and equity
(b) Indian Registration Act, 1908
(c) British State of Goods Act, 1880
(d) Indian Contract Act, 1872.

3. Within the meaning of provisions of the Transfer PropertyAct,1882,the

immovable property does not include:
(a)standing timber or grass
(b)standing timber,jewellery and crops
(c)standing timber,growing crops or grass
(d)only grass.

4. According to Transfer of Property Act, 1882

(a) instrument means a non-testamentary instrument

(b) testamentary instrument

(c) both testamentary and non- testamentary instrument

(d) none of the above.

5. Under the Transfer of Property Act, 1882, the term “attested” means

(a) attested by two or more witnesses

(b) attested by one witness only

(c) attested by two witnesses only

(d) no condition prevails.

6. Under the Transfer of Property Act, 1882, registered pertains to

(a) registration of property

(b) registration of documents

(c) registration of parties

(d) none of the above.

7. Under the Transfer of Property Act, 1882, “attached to earth” means:

(I) routed in the earth, as in the case of trees and shrubs;

(II) imbedded in the earth as in the case of walls and buildings; or

(III) attached to what is so imbedded for the permanent beneficial enjoyment

of that to which it is attached.

(a) only (I) and (II) are correct

(b) only (II) and (III) are correct

(c) only (I) and (III) are correct

(d) all (I), (II) and (III) are correct.

8. The chapters and sections of the Transfer of Property Act, 1882, which relate
to contracts shall be part of:

(a) Indian Registration Act, 1908

(b) Sale of Goods Act, 1930

(c) General Clauses Act, 1897

(d) Indian Contract Act, 1872.

9. Within the meaning of section 4 of the Transfer of Property Act, 1882 the
provisions of sections 54, paragraphs 2 and 3, sections 59, 107 and 123
shall be read as supplemented to:

(a) Indian Contract Act, 1872

(b) Indian Registration Act, 1908

(c) General Clauses Act, 1897

(d) Sale of Goods Act, 1930.

10. Chapter II of the Transfer of Property Act shall not be deemed to effect any
rule of

(a) Mohammadan law

(b) Christian law

(c) Parsi law

(d) none of the above.

11. According to section 5 of the Transfer of Property Act, 1882, living person
includes:

(a) company or association or body of individuals

(b) individual human being only

(c) only important company or associations

(d) none of the above.

12. Under the provisions of section 6 of the Transfer of Property Act, 1882, the
chance of an heir-apparent succeeding to an estate, the chance of a
relation abstaining a legacy on the death of a kinsman, or any other
mere possibility of like nature:

(a) cannot be transferred

(b) can be transferred

(c) can be transferred subject to certain conditions

(d) none of the above.

13. Under the provisions of section 6 of the Transfer of Property Act, 1882, a
mere right of re-entry for breach of a condition subsequent cannot be
transferred to any one except the owner of the property affected
thereby
(a) the statement is true

(b) the statement is false

(c) the statement is partly true

(d) none of the above.

14. Under the provisions of the Transfer of Property Act, 1882, an easement
cannot be transferred apart from the dominant heritage

(a) the statement is true

(b) the statement is false

(c) the statement is partly true

(d) none of the above.

15. According to the provisions of the Transfer of Property Act, 1882, all
interest in property restricted in its enjoyment to the owner personally
cannot be transferred by him

(a) the statement is true

(b) the statement is false

(c) the statement is partly true

(d) none of the above.

16. Under the provisions of section 6 of the Transfer of Property Act, 1882
a right to future maintenance
(a)can be transferred
 (b) cannot be transferred
(c) no such provision is made in the Act
(d) none of the above.

17. Under the provisions of the Transfer of Property Act, 1882

(a) a mere right to sue can be transferred

(b) a mere right to sue cannot be transferred

(c) no such provision is made in the Act

(d) none of the above.

18. Under the Transfer of Property Act, 1882

(a) the salary of a public officer can be transferred

(b) the salary of a public officer cannot be transferred

(c) no such provision is found in the Act

(d) none of the above.

19. Under the Transfer of Property Act, 1882

(a) a public office cannot be transferred

(b) a public office can be transferred

(c) such provision is absent in the Act

(d) none of the above.

20. Under the provisions of section 6 of the Transfer of Property Act, 1882, no
transfer can be made for an unlawful object or consideration within the
meaning of section 23 of the Indian Contract Act, 1872

(a) the statement is false

(b) the statement is true

(c) the statement is partly true

(d) none of the above.

21. Under the provisions of section 7 of the Transfer of Property Act, 1882, the
competent person to transfer means:

I. Every person competent to contract only;

II. Every person entitled to transferable property or authorised to dispose of

transferable property.

(a) only (I) is correct

(b) both (I) and (II) are correct

(c) (II) is correct

(d) neither is correct.

22. The term “transfer” under the Transfer of Property Act, 1882, refers to

(a) partly or whole transfer

(b) absolute or conditional transfer

(c) contingent transfer

(d) both (a) and (b) are correct.

23. Under section 8 of the Transfer of Property Act, 1882 the legal incidents
also includes-

(a) machinery attached to earth and the moveable parts thereof

(b) only machinery attached to earth

(c) only moveable parts of the machinery attached to earth

(d) none of the above.

24. Under the provisions of section 9 of the Transfer of Property Act, 1882 the
transfer includes-

(a) also oral transfer

(b) written transfer only

(c) only (a) is correct

(d) only (b) is correct.

25. Under the Transfer of Property Act, 1882, where a writing is not expressly
required by law:

(a) a transfer of properties may be made without writing in every case

(b) a transfer of property is subject to only writing

(c) no provision of oral transfer is made

(d) none of the above.

MAINS

Q.1 Briefly examine the scope and object of the T.P. Act, 1882.

Q.2 Explain the meaning and essential of attestation. Also examine the legal
effect of it?

Q.3. What is actionable claim?

Q.4. “Transferability is the most inherent quality of Property”. State the

exceptions to this rule as per section 6 of Transfer of Property Act.

Q.5. What is the meaning of immovable property. Give some examples as to

what are immovable and movable properties?

Q.6. What property rights have been held immovable properties and what
have not been recognised as immovable property?

Q.7. Explain the term “attached to earth” as used in TPA.

Q.8. What are the tests to determine what is not immovable property as a
result of attachment of annexation to land?

Q.9. Explain the terms actual and constructive notice.

Q.10. When registration amounts to notice?

Q.11. Discuss the provisions relating to Contract be taken as part of contract.

(section4)
Q.12. Who can transfer under property Act and what properties are capable of
transfer.