Is Transfer Of Property An Exhaustive Act?

Can a right to future maintenance be transferred?

The sub-section of maintenance, it has been established that a right to future maintenance is solely for the personal benefit of the person to whom it has been granted and therefore, this very right cannot be transferred further.

This right can neither be transferred nor can it be attached by a court’s decree..

Is Transfer of Property Act applicable in Haryana?

9) The provisions of Section 118 of the Transfer of Property Act, 1882 (for short ‘T.P. Act’) have not been made applicable to the State of Haryana and oral exchange is permissible, which is not required to be registered compulsorily. The provisions of Sections 54 (sale), 107 (lease) and 123 (gift) of the T.P.

What is Section 53a of Transfer of Property Act?

—Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has, in part performance of the contract, taken possession of the …

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

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.

Who can transfer an immovable property?

Under section 7 of TOPA, the individual must be competent. He/she must be of legal age and mentally stable. He/she must be the owner of the title of the immovable property or should be authorised to transfer the property. The person must not be legally disqualified as a transferee.

What do you mean by transfer of property act?

Section 5 of the Act defines “Transfer of Property” as “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 person, or to himself, and one or more other living persons, and “to transfer property” is to perform such …

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.

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 …

Is Transfer of Property Act applicable in Punjab?

Short title, commencement, extent and exemption. – (1) This Act may be cited as the Transfer of Property Act, 1882. (2) It shall come into force on the first day of July, 1882. (3) The Government may, by notification in the official Gazette, extend the Act to the whole or any part of the Punjab .

Which of the following is considered a movable property under the Transfer of Property Act?

• As per General Clauses Act, 1897 Movable property means property of every description except immovable property. As per Section 2(9) of Registration Act it include property of every description excluding immovable property but including standing timber, growing crops and grass.

What is actionable claim under Transfer of Property Act?

Actionable Claim: is a claim to any debt, other than secured by mortgage of immovable property or pledge or hypothecation of some movable property, or to any beneficial interest in movable property, not in possession either actual or constructive of the claimant.

Does Transfer of Property Act apply to movable property?

Rules relating to transfer of property under the Act. 1. It is important to draw a line between immovable and movable property. Only an immovable property and in exceptional cases the movable property can be legally transferred under the provisions of this Act.

What properties Cannot be transferred under Transfer of Property Act?

Transfer of Property Act, 1882 An 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.

Can a right to sue be transferred?

A mere right to sue, as for instance, in respect of damages for breach of contract, or for tort, cannot be transferred. The object of the prohibition is to prevent gambling in litigation. Moreover, a right to sue is personal to the party aggrieved.

Which property Cannot be transferred?

Right of re-entry cannot be transferred. An easement cannot be transferred. Easement is the enjoyment that the owner of the property holds with his property. Easement cannot be transferred.

What are the 3 types of property?

In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property).