53 of transfer of property act pdf

Where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage by deposit of title deeds, can be effected only by a registered instrument signed by the mortgagor and attested by at least two witnesses. Section 5 of the transfer of property act, 18821 defines transfer of 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. Where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another. Section 100 of the transfer of property act, 1882henceforth referred as the act defines a charge. Transfer of property act, 1882 punjab judicial academy. Sale as a mode of transfer sections 54 to 57 of the transfer. Doc the transfer of property act 1882 naveen kumar.

Transfer of property means an act by which a living person conveys property to one or more other living persons. Sep 16, 2016 transfer of property act, 1882 not amounting to transfer of property. Every owner of a property has the right to transfer his property as he likes. 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. The person insisting nontransferability must prove the existence of some law or custom which restricts the right of transfer. The doctrine of part performance legal service india. Section 53 of the transfer of property act, 1882 talks about fraudulent transfer. 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. 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. Here property means immovable property, which is attached to earth.

Contents property law act 1974 page 3 50 covenants and agreements entered into by a person with himself or herself and another or others. English law and is sufficient to support an independent action by the plaintiff. The principle of section 53 is based on the rule of justice, equity and good conscience. A transfer made with intention to defeat any right of the transferee or of any other person interested therein is called fraudulent transfer of. Fraudulent transfer 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. 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. 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. Transfer of property act 1882 section 53 sortby recent. Property means all proprietary rights, which can be weighted and measured in monetary value, excluding personal rights, are property. 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. Transfer of property act, 1882 bare acts law library. For section 106 of the transfer of property act, 1882 4 of. Xvi bibliography booksreferred textbookon the transfer of property act by avtar singh, harpreet kau commentaries on the transfer of property act, 1882.

Mar 09, 2015 the principle of section 53 is based on the rule of justice, equity and good conscience. 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. Such transfer, in the case of tangible immovable property of the value of one hundred rupees and upwards. The transfer of property act, 1982 came into force on the 1st july, 1882. Section 54 of the transfer of property act iv of 1982 defines sale as under. Nothing in this subsection shall impair the rights of a transferee in good faith and. Fraudulent transfer is voidable at the option of creditor and transferee. The transfer of property act, 1882 the transfer of. Activ of 1882 amended by act iii of 1885 by sir horatio hale shephard the transfer of property act.

The transfer of property act, 1882 laws of bangladesh. Registrargeneral to note particulars of reentry in register 55a. The first part is in respect of transfer of immovable property made with intent to defeat or delay the creditors of the transferor and second part is in respect of transfer with intent to defraud a subsequent transferee. Land under the provisions of this acthow leased 54. Immoveable property under a contract for sale not to be transferred 53c. A debtor with personal guarantee, disposes his properties, after receiving the legal proceedings from the court of law for the recovery. Transfer of property act section 53a and some relevant. B mitra, transfer of property act 18th edn, kamal law house 2007 206. V subbarao, law of transfer of property 4th edn, universal law publishing 2010 744. Transfer of mortgage or lease transferees right to sue 52a. Mortgage of a mortgage or charge division 2 leases 53. Dependent on the legislation item being viewed this may include.

Sale as a mode of transfer sections 54 to 57 of the. B mitra, transfer of property act 18th edn, kamal law house 2007 207. Presumption of notice of registered instrument party having interest in property would be deemed to have notice from the date of registration of such deed. 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.

It must be an agreement enforceable by law under the indian contract act, 1872. Fraudulent transfer of property, section 53 tpa notes. In the following sections transfer of property means an act by which a living person conveys property, in present or in future, t o one or more other living persons, or to himself and one or more other living persons. Transfer of property act, 1882 not amounting to transfer of property.

Part performance section 53 a transfer of property act. As the transfer of property means conveying of property, i. But the transfer must be made with a bonafide intention. Whereas it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties. Provisions of section 53a of transfer of property act, 1882. Transfer of property act 1882 section 53 judgments. The transfer of property act iv of 1882 as amended upto date, 40 129. 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.

Transfer of property pending suit relating thereto. Correction with apology date of commencement is 01july1882 by mistake i have said 1982 in video. Nothing in this subsection shall affect any law for the time being in force relating. A brief description of the transfer of property act, 1882 starting with introduction. Section 53a in the transfer of property act, 1882 indian kanoon. 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. Nothing in this subsection shall affect any law for the time being in force. Part performance transfer of property act 1882 lecture in hindienglish. The transfer of property act, 1882 josh and mak international. Section 53 tpa writinglaw bare act, bare act pdf, law.

Access essential accompanying documents and information for this legislation item from this tab. Real property act 1900 as at 25 february 2019 act 25. Transfer of property act, 1882 part performance notes. Analysis of section 53a of transfer of property act, 1882 taxguru. Miscellaneous transfer of property is a concurrent subject entry 6 of list iii concurrent list of seventh schedule to constitution. Transfer of property meaning and types legal bites. The legislature has provided that the chance of an heirapparent cannot be a subject of conveyance in present or in future. Introduction to transfer of property act, 1882 notes to help. Before section 53a was inserted in the transfer of property act, 1882, there were different views upon such application.

Analysis 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. Aug 08, 2018 correction with apology date of commencement is 01july1882 by mistake i have said 1982 in video. 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. An amendment has been made in section 53a of transfer of property act by. Feb, 2019 part performance transfer of property act 1882 lecture in hindienglish. An act further to amend the transfer of property, act, 1882. It shall come into force on the first day of july, 1882 extent. This act may be called the transfer of property act, 1882. Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor so defeated or delayed.

Transfer of property act section 53a and some relevant provisions. The transfer of property act, 1882 the transfer of property. Capital transfer tax 1 subject to the provisions of this act, a tax, to be known as capital transfer tax, shall be. Saving of donations morris causa and muhammadan law. Be it enacted by parliament in the fiftythird year of the republic of india as follows. Types of mortgage under section 58 of the transfer of.