Scope of the Transfer of Property Act, 1882
π Scope of the Transfer of Property Act, 1882 (TPA)
β Overview:
The Transfer of Property Act, 1882 is a key legislation in Indian property law that governs the transfer of immovable property between living persons. It lays down how property can be transferred, by whom, to whom, and under what conditions.
πΉ Objectives of the Act:
To regulate and codify inter vivos (between living persons) transfers of property.
To introduce uniformity, certainty, and transparency in property transactions.
To define legal rights and liabilities of parties involved in property transfers.
To protect interests of transferees against fraudulent or invalid transfers.
πΉ Key Features of the Act:
Applies primarily to immovable property, though some provisions apply to movable property.
Covers both general principles of property transfer and specific modes (e.g., sale, mortgage, lease, gift, exchange).
Emphasizes written and registered documents for validity in certain transfers.
Recognizes both absolute and conditional transfers.
Defines rights and duties of transferor and transferee.
πΉ Types of Transfers Covered:
| Type of Transfer | Description |
|---|---|
| Sale | Transfer of ownership in exchange for a price (Sec. 54). |
| Mortgage | Transfer of interest as security for a loan (Sec. 58). |
| Lease | Transfer of right to enjoy property for a certain period (Sec. 105). |
| Exchange | Mutual transfer of ownership (Sec. 118). |
| Gift | Voluntary transfer without consideration (Sec. 122). |
πΉ Scope β What It Covers:
| Area | Included in the Act |
|---|---|
| Persons Involved | Only living persons (natural or legal persons). |
| Type of Property | Mainly immovable property, with some exceptions. |
| Type of Transfers | Voluntary transfers (not inheritance, wills, etc.) |
| Rights & Liabilities | Defined for both transferor and transferee. |
| Modes of Transfer | Sale, mortgage, lease, gift, exchange. |
| Conditions & Restrictions | Conditional transfers, vested interests, etc. |
πΉ What It Does Not Cover:
| Not Covered Under TPA | Governed By |
|---|---|
| Testamentary transfers (via Will) | Indian Succession Act |
| Transfer by inheritance | Personal laws (Hindu, Muslim, etc.) |
| Partition among family members | Personal and customary laws |
| Transfer of property by court decree | Civil Procedure Code |
| Transfer involving companies under liquidation | Companies Act / Insolvency laws |
β Summary Table: Scope of Transfer of Property Act, 1882
| Aspect | Description |
|---|---|
| Year Enacted | 1882 |
| Applies To | Transfers of property between living persons |
| Main Focus | Immovable property transfers |
| Types of Transfers Covered | Sale, mortgage, lease, gift, exchange |
| Nature of Transfer | Voluntary transfers only (no wills/inheritance) |
| Excludes | Testamentary transfers, inheritance, family partitions |
| Parties Involved | Living persons (natural/legal) |
| Purpose | Regulate legal transfer of property rights and obligations |
| Requirement of Registration | Mandatory for certain transfers like sale, mortgage, and gift |
Do write to us if you need any further assistance.
RELATED Blog
0 comments