TRANSFER OF PROPERTY

Transfer of Property means an act by which

a living person conveys property, in
presence 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

LIVING PERSON
Living person includes a company or
association or body of individuals, whether
incorporated or not, but nothing herein
contained shall affect any law time being in
force relating to transfer of property to or by
companies association or body of individuals

Quid quid plantatur solo solo

cedit
Whatever is affixed to the soil
belongs thereto

WHAT MAY BE TRANSFERRED?

Transfer of Property means an act by which
a living person conveys property, in
presence 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

Spes Successionis
A chance of an heir-apparent succeeding to an
estate, the chance of a relation obtaining a
legacy on the death of a kinsman, or any other
mere possibility of a like nature, cannot be
transferred

Nemo est heres viventis

No one is the heir of living person

Cusante statu primitive cessat derivatus

The derived estate ceases

on the determination of the
original estate

Cujus est Solum ejus usque ed Coelum

He possesses also that which is above it

Licet dispositio de interesse futuro sit inutilis

tamen fieri potest declaratio praecedens quae
sortiatue effectum intervenient novo actu

Although the grant off a future interest

is inoperative, yet it may become a
declaration precedent, taking effect
upon the introduction of some new act

SPES SUCCESSIONIS
Abdull Kafoor and Another v. Abdul Razack and Another

Amrit Narayan v. Gaya Singh

Anand Mohan Roy v. Gour Mohan Mullack

Karpagachi v. Nagarathinachi
Asa Beevi v. Karuppan Chetty

Amrit Narayan v. Gaya Singh

The guardian of a minor reversioner entered into a
compromise with the female holder, by which, the properties
were relinquished in favour of other relatives.
The suit was brought by the reversioner for possession of the
properties after the death of the female holder

A Hindu reversioner has no right or interest in praesenti in

the property which the female owner holds for her life.
Until it vests in him or her death, should he survive her,
he has nothing to assign or to relinquish, or even
transmit to his heirs. His right becomes concrete only on
her demise, until then, it is a mere spes successionis
Privy Council

Ananda Mohan Roy v. Gour Mohan Mullick

The appellant purchased from the respondents their rights

upon the expectation upon the termination of the surviving
widows rights. Later, there was a compromise between the
widow and the respondents as a result the respondent got
certain properties. of other relatives.
Suit was brought by the appellant to recover the properties
received by the respondents
The transfer was spes successions, the Transfer of Property Act forbids
such expectancies, and void

Karpagathachi v. Nagarathinathaci

Two co-widows divided their husbands properties

into two shares and entered into separate
possession. Under the partition deed each widow
gave up her life interest. When one of the widows
died, the daughter (respondent) took possession of
her mothers share.
The surviving widow filed a suit for possession against the
respondents for recovery of possession alleging that the
arrangement by which her right of survivorship was
relinquished was repugnant to Section 6 (a) of the TP Act

The interest of each widow in the properties

inherited by her was and this property together
with the incidental right of survivorship could be
lawfully transferred. Section 6 (a) of ht TP Act
prohibits the transfer of the bare chance of the
surviving widow taking the entire estate as the
next heir of her husband on the death of co-widow,
but it does not prohibit the transfer by the widow
of her present interest in the properties inherited
by her together with the incidenal right of
survivorship

Jumma Masjid Mercara v. Kodimaniandra

Deviah

Two brothers were owners of a certain property, and on the

death of one and his widow, his reversioners, representing
that they had a present interest in the property, sold to the
respondent. The widow of the other brother, later made a gift
of the property to the appellant.
In a suit by the respondent for the of the property, the
appellant contended that the respondents vendors had only
a spes successionis during the life time of the widow who
made the gift to the appellant and that therefore, the transfer
in favour of the respondent was void, the widow, who made
the gift in the appellantss favour being dead.

The chance of an heir-apparent succeeding to an estate, the

chance of a relation obtaining on the death of a kinsman, or
any other mere possibility of a like nature, cannot be
transferred
A mere right to re-entry for breach of a condition subsequent
cannot be transferred to any one expect the owner of the
property affected thereby
An easement cannot be transferred apart from the dominant
heritage
All interest in property restricted in its enjoyment to the
owner personally cannot be transferred by him
A right to future maintenance, in whatsoever manner arising,
secured or determined, cannot be transferred

A mere right to sue cannot be transferred

A public office cannot be transferred, nor can the salary of a
public officer, whether before or after it has become payable
Stipends allowed to military, naval and air-force and civil
pensioners of the Government and Political pensions
cannot be transferred
All interest in property restricted in its enjoyment to the
owner personally cannot be transferred by him

A right to future maintenance, in whatsoever manner arising,

secured or determined, cannot be transferred

DURGA CHUNDER V. KAILAS CHUNDER

A bare right to sue for mense profits

are profits or produce of property
which is in the adverse or unlawful
possession of a person whoc is onot
entitled to possess it.
Calcutta High Court

AMIRATHAM KADUMBAH V. SARNAM KADUMBAH

The property of a minor was sold by his father without any legal
necessity or with the permission of the court. Therefore, the
sale was voidable at the option of the son who was the real
owner.
Any one purchasing the property from the son on attaining
majority will be entitled to file a suit for setting aside the sale
made by the father within 3 years of attaining majority by the
minor son. It was also observed that when the minor son
transferred the property on attaining majority, has right to
defeat existing adverse claims on property was also
transferred

Supreme Court of India