Analysis of section 53a of transfer of property act, 1882. Xvi bibliography booksreferred textbookon the transfer of property act by avtar singh, harpreet kau commentaries on the transfer of property act, 1882. It was decided by the tribunal that was a transfer of property under section 53a of the transfer of property act, 1882, which fell within scope of section 247v of the income tax act, 1961. The doctrine of lis pendens esstentially aims at i avoiding endless litigation, ii protecting either party to the litigation against the act of the other, iii avoiding abuse of legal process. It shall come into force on the first day of july, 1882 extent. Assignment on the transfer of property act 1882, section 5. 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. Unless there is some legal restriction preventing the transfer, the owner of the property may transfer it. Transfer of property act section 53a and some relevant provisions.
Aug 10, 20 section 58a a mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to a pecuniary liability. Sep 03, 2017 get latest news, breaking news about section 53a of the transfer of property act page 1. Introduction the transfer of property act, 1882 hereinafter referred to as the act is the legislation which governs transfer of immovable property1 in india. Enactment relating to contract to be taken as part of contract act chapter ii of transfers of property by act of parties a transfer of property,whether movweble or immovable 5. Part performance section 53 a transfer of property act. It proceeds on the maxim, expression unius exclusion alterius in that every. Transfer of property act 1882 page 1 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. Regulate transfer of property between living persons. Omwati has discussed the broad principles of part performance under s. Transfer of property act 1882 page 1 bare acts in india. Transfer of property act 1882 by asha tiwari unacademy plus. Part performance where any person contracts to transfer for consideration any immovable 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 property or any part thereof, or the transferee, being. Jan 15, 2015 right, as when property is conveyed in future there is said to be a transfer of property no less than when it is conveyed in the present as stated under section 5 of the transfer of property act. Transfer of property act, 1882 punjab judicial academy.
Transfer of property act 1882 section 53 sortby recent. Transfer of property act, 1882section 53aagreement to. Sep 16, 2016 transfer of property act, 1882 not amounting to transfer of property. Transfer of property act section 53a and some relevant. The income tax department never asks for your pin numbers, passwords or similar access information for credit cards, banks or other financial accounts through email the income tax department appeals to taxpayers not to respond to such emails and not to share information relating to their credit card, bank and other financial accounts. Mar 07, 2015 xvi bibliography booksreferred textbookon the transfer of property act by avtar singh, harpreet kau commentaries on the transfer of property act, 1882. The transfer of property act iv of 1882 as amended upto date, 40 129. Section 53a of the transfer of property act, 1882 is to protect nondefaulting buyer of property. Transfer of property act, 1882 not amounting to transfer of property. Please clarify the following with effective,timely legal solution.
Feb 24, 2011 before section 53a was inserted in the transfer of property act, 1882, there were different views upon such application. Preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of. If you want to continue this discussion or have a follow up question, please post it on. Here property means immovable property, which is attached to earth. Transfer of property act, 1882came into force on 1st july, 1882. Part performance page 1 transfer of property act 1882 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively. Part performance transfer of property act 1882 lecture in hindienglish. Provisions of section 53a of transfer of property act, 1882. It means an act by which a living person conveys property in present or in future to one or more living persons, or to himself, or. After the transfer of property act, 1882 came into force, some thought that sections 54 and 59 which required registered documents were necessary for sale of immovable property or regarding mortgage respectively. Section 9 oral transfer section 10 condition restraining alienation.
Transfer of property act, 1882 part performance notes to help. Section 5 of the transfer of property act, 18821 defines transfer of property. Commencement it shall come into force on the first day of july, 1882. Part performance under the transfer of property act legal blog. The person insisting nontransferability must prove the existence of some law or custom which restricts the right of transfer. Sale as a mode of transfer sections 54 to 57 of the. Assignment on the transfer of property act 1882, section 5 35 strength and weakness of the sections 1. The transfer of property act, 1882 hereinafter, the act is a civil legislation of immense importance owing to the vast number of property related transactions taking place throughout. English mortgage here the mortgagor transfer the property to the mortgagee and upon completion of the time gets the property back in his own name. Transfer of property act 1882 section 53a judgments. Whereas it is expedient to define and amend certain parts of the law relating to the transferof property by act of parties.
Enactments relating to contracts to be taken as part of contract act. Section 247v may hit by change in 53a of the tp act. Rights of a lessee to retain possession of premises. Stay connected to all updated on section 53a of the transfer of property act. Saving of certain enactments, incidents, rights, liabilities, etc. Transfer of a property can be made in two ways, firstly by an act of parties and secondly by law. The essence of handing over the possession as contemplated in section 53a of transfer. Analysis of provisions of section 53a of the transfer of property act, 1882 the transfer of property act, 1982 came into force on the 1st july, 1882. Law relating to the transfer of property by act of parties.
It contains specific provisions regarding what constitutes a transfer and the conditions. The legislature has provided that the chance of an heirapparent cannot be a subject of conveyance in present or in future. The doctrine of lis pendens esstentially aims at i avoiding endless litigation, ii protecting either party to the litigation against the act of the other, iii avoiding abuse of legal. Transfer of property act, 1882section 53aagreement to sellpart performance of contractclaim forwritten agreement to sellnecessity of letters written by transferor. Activ of 1882 amended by act iii of 1885 by sir horatio hale shephard the transfer of property act. Extent 1 it extends2 in the first instance to the whole of india except 3 the territories which, immediately before the 1st november, 1956, were. Transfer of property means an act by which a living person conveys. Types of mortgage under section 58 of the transfer of. Section 58a a mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by. Scope of the section this section deals with what may be the subject of transfer under the act. Transfer of property act, 1882 bare acts law library.
Part performance page 1 transfer of property act 1882 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length. Section 53a transfer of property act, 1882 youtube. An act to amend the law relating to the transfer of property by act of parties. You searched for section 53a of the transfer of property act. As the transfer of property means conveying of property, i. The transfer of property act specifies that property of any kind may be transferred, except as otherwise provided by the act or by any other law in force. Transfer of property act,1882 topicdoctrine of part performance introduction section 53a of the transfer of property act deals with the doctrine of part. Right of a lessee to retain possession of premises subsequent to determination of lease by efflux of time mitali yadav and sahil asthana a. List of important sections of transfer of property act. Where any person contracts to transfer for consideration any immovable 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 property or any part thereof. This act may be called the transfer of property act, 1882. Preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Mar 19, 2019 the property talked about in section 53a of the transfer of property act, 1882 is the immovable property which has been defined under section 3 of the transfer of property act, 1882, sec.
A debtor with personal guarantee, disposes his properties, after receiving the legal. After the transfer of property act, 1882 came into force. A debtor with personal guarantee, disposes his properties, after receiving the legal proceedings from the court of law for the recovery. Before section 53a was inserted in the transfer of property act, 1882, there were different views upon such application. Housing, land and property laws in force 111 the transfer of property act 1882 contents chapter i preliminary sections 1.
According to section 6 of the transfer of property act, the property of any kind may be transferred. The government has amended section 17a of the registration act, 1908 in the year 2001 in such a manner that the documents containing contracts to transfer for consideration of any immovable property for the purpose of section 53a of the transfer of property act. Nov 14, 2014 assignment on the transfer of property act 1882, section 5 35 strength and weakness of the sections 1. Whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. 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 property or any part thereof, or the transferee, being. Transfer of property act 1882 page 1 bare acts in india statutes and laws free download bare acts and case laws in india have been extensively discussed here, the laws. Handing over possession of the property by the transferor to the transferee in part performance of the contract under section 53a of the transfer of property act, 1882 in necessary, but transfer should be of legal titles and rights to enjoy the property. Transfer of property defined 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. Short title this act may be called the transfer of property act, 1882. The transfer of property act 1882 is an indian legislation which regulates the transfer of property in india. Transfer of property defined 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. An act to amend the law relating to the transfer of property by act of parties preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Sale as a mode of transfer sections 54 to 57 of the transfer. Aug 27, 2010 introduction to transfer of property act, 1882 life, liberty, and property do not exist because men have made laws.
On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place. Transfer of property act, 1882 part performance notes. If you want to continue this discussion or have a follow up question, please post it on the network. The delhi high court in a recent decision in panchi devi v. Transfer of property act doctrine of part performance section 53a.
Transfer of property act, 1882 pdf download citehr. Lis pendens is captured under section 52 of the transfer of property act, 1882 the act. Section 11 restriction repugnant to interest created. Transfer conditional on performance of act, time being specified where an act is to be performed by a person either as a condition to be fulfilled before an interest created on a transfer of property is enjoyed by him, or as a condition on the nonfulfilment of which the interest is to pass from him to another person, and a time is specifie d. This act may be called the transfer of property act. Complete the code of contract law for immovable property. The transfer of property where this act applies has to be under the t p act, 1882 only and the muslim law of transfer of property can not override the statute. Assignment on the transfer of property act 1882, section 5 35.