Show all sections the transfer of property act, 1882 chapter i. Section 53a of transfer of property act, 1882 embodies the rule of part performance. Complete the code of contract law for immovable property. Preamble whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. The limited purpose of application of the provisions contained in section 53a of transfer of property act in the income tax law is to interpret the implied meaning of deemed transfer of property as explained in the existing provision of section 247 v of income tax act and not to. 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 already. A brief description of the transfer of property act, 1882 starting with introduction. List of important sections of transfer of property act. Essential bare acts home tpa transfer of property act, 1882. Transfer of property act, 1882came into force on 1st july, 1882.
Section 171a immovable property for the purpose of section 53a of the transfer of. Analysis of section 53a of transfer of property act, 1882. Section 247v may hit by change in 53a of the tp act. 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. In the following sections transfer of property means and act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons. Home income tax service tax vat central excise online forms bare acts companies act cpc crpc ipc formats. Of transfers of property by act of parties a transfer of property, whether moveable or immoveable election apportionment b transfer of immoveable property chapter iii. A transfer made with intention to defeat any right of the transferee or of any other person interested therein is called fraudulent transfer of property. Before section 53a was inserted in the transfer of property act, 1882, there were different views upon such application. The registration and other related laws amendment act, 2001. The transfer of property act, 1882 the transfer of property. The amended sub section 1a provides that the documents containing contracts to transfer for consideration, any immovable property, for the purpose of section 53a of the transfer of.
The president of the union may, from time to time, by notification, extend this act or any part thereof to the whole or any specified part of the union of burma and may, from. Doc the transfer of property act 1882 naveen kumar shelar. Whoever enters into any benami transaction on and after the date of commencement of the benami transactions prohibition amendment act, 2016, shall, be punishable in accordance with the provisions contained in chapter vii section 5. The transfer of property act, 1882 the transfer of property amendment act, 2002 4 of 1882 st31 december, 2002 3 of 2003 an act further to amend the transfer of property, act, 1882. The doctrine of part performance academike lawctopus. 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. Section 53a of the transfer of property act, 1882 as inserted by the transfer of. 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. Section 53a of said act prescribes following conditions. Registration act with those of the transfer of property act. In the territories to which this act extends for the time being, a. Be it enacted by parliament in the fiftythird year of the republic of india as follows. The transfer of property act, 1882 laws of bangladesh. In this section living person includes a company or association or body of individuals, whether.
The list of useful sections of tpa will ensure that. The amended sub section 1a provides that the documents containing contracts to transfer for consideration, any immovable property, for the purpose of section 53a of the transfer of property act, 18824 of 1882, shall be registered. Section 53a of the transfer of property act, 1882 is to protect nondefaulting buyer of property. Regulate transfer of property between living persons. The registration act 1908 4 1 the state government shall establish every district an office to be styled the office of the registrar and in every sub district an office or offices to be styled the office of the sub registrar or.
Transfer of property act sale and essentials of sale. Section 53a was enacted in 1929 by the transfer of propertyamendment act 1929 and is based upon the equitable doctrine of part performance. Scope of the section this section deals with what may be the subject of transfer under the act. The doctrine of part performance finds its basis from the concept of equitable rule of part performance which the court of chancery developed under the english legal system. Amendment act, 1885, the transfer of property act, 1900, the transfer of property amendment act, 1904, and the indian transfer of property. Transfer of property rule against perpetuity section 14.
Doc the transfer of property act 1882 naveen kumar. The chapters and sections of this act which relate to contracts shall be taken as part of the contract act. Tpa is an important subject, which is not only useful for exams, but its application is prevalent even in our daily life. A debtor with personal guarantee, disposes his properties, after receiving the legal proceedings from the court of law for the recovery. 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. The doctrine of part performance has been adopted in indian law from the common law. Where any person contracts to transfer for consideration any immoveable. Fraudulent transfer of property and its effect the law study.
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. The first case where the court of chancery implemented the rule was foxcroft v. The provisions of section 53a,envisages situations where under a contract for transfer of immovable property, the purchaser has paid the price. 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 section 53a and some relevant. Act and also all conditions as required to complete sale. Where any person contracts to transfer for consideration any immovable property by. On conjoint reading of the above provisions, in view of author, s.
The benami transactions prohibition amendment act, 2016. Aug 08, 2018 correction with apology date of commencement is 01july1882 by mistake i have said 1982 in video. Provisions of section 53a of transfer of property act, 1882. The principle of section 53 is based on the rule of justice, equity and good conscience. If you are looking to improve your preparation, a look at the most important sections of the transfer of property act will help. Transfer of property pending suit relating thereto. Nov 14, 2014 assignment on the transfer of property act 1882, section 5 35 strength and weakness of the sections 1. Transfer of property act 1882 by asha tiwari unacademy plus. Of sales of immoveable property discharge of incumbrances on sale chapter iv. 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. Sep 02, 2015 1 transfer of property act ie tpa is a consolidated act. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. Whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Section 53a in the transfer of property act, 1882 indian kanoon.
Property act, 1882 4 of 1882 will be registered if they have been. The transfer of property act india act iv, 1882 1 july 1882 chapter i preliminary 1. An act to amend the law relating to the transfer of property by act of parties. The transfer of property act 1882 is an indian legislation which regulates the transfer of property in india. Before jumping into further details regarding the sale of immovable property. Transfer of property act doctrine of part performance section 53a. In writing and it must be signed by him or on his behalf. Analysis of section 53a of transfer of property act, 1882 taxguru.
The gujarat prohibition of transfer of immovable property and. Gpa sale judgment delivered by honourable supreme court of. Assignment on the transfer of property act 1882, section 5. Section 17 enumerates the documents of which registration is compulsory. Section 3 interpretation clause 6transfer of property defined in. Feb 25, 2016 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, 1882 shall be registered if they have been executed on or after the commencement of. Short title this act may be called the transfer of property act, 1882. The transfer of property act, 1882 the transfer of. Whereas it is expedient to define and amend certain parts of the law relating to the transferof property by act of parties. If you are looking to improve your preparation, a look at the most important sections of the transfer of property act will help you might have seen the book or pdf of transfer of property act and found it to be lengthy.
It shall come into force on the first day of july, 1882 extent. Transfer of property act, 1882 bare acts law library. 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. Section 53a says that if a person makes a agreement with another and lets the other person act on the behalf of the contract. 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, 1882 shall be registered if they have been executed on or after the commencement of. Mar 09, 2015 the principle of section 53 is based on the rule of justice, equity and good conscience. The reason is that it deals with certain doctrines having their origin in the common law of england, some totally alien to the indian concepts. Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from. This act may be called the transfer of property act, 1882. Transfer to class some of whom come under sections and 14 16. The transfer of property act 1882, was amended substantially.
Transfer of title without registration finance bill 2017. Transfer of property act section 53a and some relevant provisions. Section 43 transfer by unauthorised person who subsequently acquires interest in property transferred. The gujarat prohibition of transfer of immovable property. Assignment on the transfer of property act 1882, section 5 35. Section 42 transfer by person having authority to revoke former transfer. Of transfers of property by act of parties a transfer of property, whether moveable or immoveable. Ia the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 shall be registered if they have been executed on or after the commencement of the registration and other related laws. Please clarify the following with effective,timely legal solution. Transfer of property act, 1882 part performance notes.
Section 52 transfer of property pending suit relating thereto. Sale simply means buying and selling of goods and services, under transfer of property act, 1882 the sale is of immovable property. Iv of 1882 17th february 1882 an act to amend the law relating to the transfer of property by act of parties. Section 38 transfer by person authorised only under certain circumstances to transfer. Transfer of property act vested interest and direction for accumulation of property. A person enters into a contract to transfer an immovable property. Transfer of property act 1882 section 14 rule against perpetuity. Assignment on the transfer of property act 1882, section 5 35 strength and weakness of the sections 1. Transfer of property act 1882 section 53a judgments. Revised edition 2010 1962 published by the national council for law reporting with the authority of the attorney general. Correction with apology date of commencement is 01july1882 by mistake i have said 1982 in video.
479 276 1351 920 431 1109 375 1464 937 32 1501 202 78 1094 488 214 876 180 669 652 357 509 1147 490 183 403 1398 740 162 437