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In a civilised society, transfer of property from one person to, another is quite obvious. There are different laws/legislations, governing the transfer of property, movable and immovable under, different circumstances as stated below:, don, 1. When a movable property (or goods) is transferred from, one living person to another living person, the law applied is the, Sale of Goods Act, 1930., 2. When property is transferred from dead person to living, person/persons, the law applied is the Law Succession, (i) When a person dies testate i.e. dies leaving a testate/Will,, the law applied is, Testamentary Succession., (ii) When a person dies intestate i.e. dies without testate/Will,, the law applied is, Intestate Succession., 3. When an immovable property is transferred from one living, person to another living person, the law applied is, Transfer of, Property Act, 1882., The Transfer of Property Act was passed in 1882 and came, into force from 1st July 1882. It mainly deals wvith the transfer of, immovable property and also movable property between two living, persons i.e. transfer inter vivos. The Act does not apply to transfers, by operation of law (E.g.: Succession, Court Sales, Insolvency etc.)., It contains 137 sections divided into 8 chapters. Chapter-I containing, Sections 1 to 4 deals with preliminary aspects. Chapter-II containing, Sections 5 to 53.A lays down the provisions relating to general, principles. Chapters-III to VIII (enlisted under Part-II) containing, Sections 54 to 137 deal with specific transfers viz. Sale, Mortgage,, Lease, Exchange, Gift etc. It is significant to note that, the Act, nowhere defined 'what is transfer of property?' It merely defines, the word 'transfer' under Section 5., Transfer of Property: Transfer of Property may be explained, under the following categorices:, 1. Transfer of movable and immovable property., 1

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2. Transfer inter vivos i.e. between two living persons and, transfer from one dead person to one or more living, persons; and, 3. Voluntary transfers and involuntary transfers,, The Transfer of Property Act mainly deals with the transfer, of immovable property. As stated above, some of the Sections also, deal with movable property. Sections 5 to 37 of Chapter-II are, applicable, where the property is immovabie or movable. Chapters, III to V containing Sections 54 to 117 deal with_immovable., properties only. Chapters-VI to VIII containing Sections 118 to, 137 are applicable to both immovable and movable properties. With, regard to the second category, the Act deals with first part i.e., transfer inter vivos, while the transfers from dead person to living, person/persons are governed by the Indian Succession Act (Law of, Inheritance). With regard to the third category, the Act deals with, voluntary transfers, while the Insolvency Act and Civil Procedure, Code deal with the involuntary transfers., Meaning and Object: The main object as enshrined in the, preamble of the Transfer of Property Act was to amend/regulate, the law relating to the transfer of property by the act of parties., The main purpose of the Act is to bring the rules, which regulated, the transmission of property between living persons into harmony, with the rules affecting its devolution and thus to furnish as it were, a complement to the work accomplished in framing the law of, testamentary and intestate succession. Its second purpose was to, complete the Code of the law of contract in so far as it related to, immovable property. It is not exhaustive and leaves the scope for, applying the rules/principles of justice, equity and good conscience, in case a particular case is not covered by any one of the provisions, of the Act. (Some of the principles of the Act are based on the, principles of equity)., Historical Background: Before. passing of the Transfer of, Froperty Act, the Indian Courts, to settle the disputes, used to, apply/follow the English law in the presidency towns of Madras,, 2

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Bombay and Calcutta and applied the principles of justice, equity, and good conscience. Consequent to the dual system of law, there, was no uniformity in application of the law resulting in uncertainty., To overshadow the situation, it was felt necessary to codify the law, on Transfer of Property. For this purpose, a commission was, appointed to prepare a Code of substantive law of transfer of, property in India. The Commission prepared the draft of the T.P.Act, in 1870 and submitted the same to the Duke of Argy, the then, Secretary of State for the approval, The Bill with necessary, modincations was presented in the Council in 1877. A select, committee was appointed to examine the draft Bill, but it failed to, give the draft, a concrete shape. Then, it was referred to the Second, Law Commission. After many discussions and modifications, the, Bill was revised and republished in 1878.) The Bill so prepared, was approved by the legisiature and received the assent of the, Governor General on 17 November 1882., 3