inter vivos

A transaction inter vivos takes effect while the parties are alive, as opposed to a disposition by will, which takes effect only on death. The Transfer of Property Act, 1882 deals with transfers inter vivos: s.5 defines “transfer of property” as 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 others. A company or association of persons counts as a living person for this purpose.

Sales, mortgages, leases, exchanges and gifts are transfers inter vivos. Wills are governed instead by the Indian Succession Act, 1925 or personal law. A donatio mortis causa is a gift made in contemplation of death; it is excluded from the TPA's gift rules by s.129.

Example

A gift deed taking effect immediately is a transfer inter vivos under the TPA, while a will operates only after death.

In Indian law

• Section 5, Transfer of Property Act, 1882

See also

transfer of property · gift · will · donatio mortis causa

Read more in the study notes

• Public speaking, body language in presentation, influencing and conveyancing (Business Communications)
• Transfer of property: meaning and what may be transferred (Property Law)
• Transfer for the benefit of an unborn person and the rule against perpetuity (Property Law)