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transfer of property

English · Property and land

Meaning. An act by which a living person conveys property, now or in future, to another living person or to himself.

Section 5 of the Transfer of Property Act, 1882 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. “Living person” includes a company and an association of individuals. The Act covers transfers between living persons (inter vivos); succession on death and transfers by operation of law (such as court sales) are outside it.

Section 6 says property of any kind may be transferred, except items such as a chance of succession (spes successionis), a mere right of re-entry, an easement apart from the dominant heritage, a right to future maintenance, and a mere right to sue. The main transfers are sale, mortgage, lease, exchange, gift and actionable claims.

Example

A will is not a transfer of property under Section 5, because it operates only after the testator's death.

In Indian law

  • Sections 5 and 6, Transfer of Property Act, 1882

See also

inter vivos · spes successionis · immovable property · gift

Read more in the study notes

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