Transfer of property Act 1882 - Wikipedia Transfer of property Act 1882 This article may be too technical for most readers to understand. Please help improve it to make it understandable to non-experts, without removing the technical details. The talk page may contain suggestions. ( July 2013 ) Transfer of Property Act 1882 An Act to amend the law relating to the Transfer of Property by act of parties. Territorial extent Union of India Date enacted 17 February 1882 Date commenced 01 July 1882 Legislative history Introduced by Whitley Stokes First reading 1877 Second reading 1882 Status : In force The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of property in India. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. It came into force on 1 July 1882. According to the Act, ' transfer of property ' means an act by which a person conveys the property to one or more persons, or himself and one or more other persons. The act of transfer may be done in the present or for the future. The person may include an individual, company or association or body of individuals, and any kind of property may be transferred, including the transfer of immovable property. Contents 1 Interpretation of `` property '' 2 Related legislation 3 References 4 External links Interpretation of `` property '' Property is broadly classified into the following categories : Immovable Property ( excluding standing timber, growing crops, and grass ) Movable Property The Interpretation of the Act, says `` Immovable property does not includes standing timber, growing crops or grass ''. Section 3 ( 26 ), The General Clauses Act, 1897, defines, `` immovable property '' shall include land, benefits to arise out of the land, and things attached to the earth, or permanently fastened to anything attached to the earth. Also, The Registration Act, 1908, 2 ( 6 ) `` immovable property '' includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of the land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass. A transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property unless a different intention is expressed or implied. According to Section 43 of the Transfer of Property Act 1882, in case a person either fraudulently or erroneously represents that he is authorized to transfer certain immovable property and does some acts to transfer such property for consideration, then such a transfer will continue to operate in future. It will operate on any interest which the transferor may acquire in such property. This will be at the option of the transferee and can be done during the time during which the contract of transfer exists. As per this rule, the rights of the bona fide transferee, who has no notice of the earlier transfer or of the option, are protected. This rule embodies a rule of estoppel i.e. a person who makes a representation can not later on go against it. Every person, who is competent to contract, is competent to transfer property, which can be transferred in whole or in part. He should be entitled to the transferable property, or authorized to dispose of transferable property which is not his own. The right may be either absolute or conditional, and the property may be movable or immovable, present or future. Such a transfer can be made orally unless a transfer in writing is specifically required under any law. According to Section 6 of the Transfer of Property Act, the property of any kind may be transferred. The person insisting non-transferability must prove the existence of some law or custom which restricts the right of transfer. Unless there is some legal restriction preventing the transfer, the owner of the property may transfer it. However, in some cases, there may be a transfer of property by an unauthorized person who subsequently acquires an interest in such property. In case the property is transferred subject to the condition which absolutely restrains the transferee from parting with or disposing of his interest in the property, the condition is void. The only exception is in the case of a lease where the condition is for the benefit of the lessor or those claiming under him. Generally, only the person having interest in the property is authorized to transfer his interest in the property and can pass on the proper title to any other person. The rights of the transferees will not be adversely affected, provided : they acted in good faith ; the property was acquired for a consideration, and the transferees had acted without notice of the defect in the title of the transferor. It should be noted that these conditions must be satisfied : There must be a representation by the transferor that he has authority to transfer the immovable property. The representation should be either fraudulent or erroneous. The transferee must act on the representation in good faith. The transfer should be done for a consideration. The transferor should subsequently acquire some interest in the property he had agreed to transfer. The transferee may have the option to acquire the interest which the transferor subsequently acquires. Related legislation There are 18 other statutes that are primarily concerned with Property Law, or significantly matter to Property Law, as listed below : Trusts Act, 1882 Specific Relief Act, 1963 Easements Act, 1882 Registration Act, 1908 Stamp Act, 1899 U.P. Stamp Act, 2008 Limitation Act, 1963 General Clauses Act, 1897 Evidence Act, 1872 Succession Act, 1925 Partition Act, 1893 Presidency - Towns Insolvency Act, 1909 Provincial Insolvency Act, 1920 Recovery of Debts Due to Banks and Financial Institutions Act, 1993 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Contract Act, 1872 Sale of Goods Act, 1930 Negotiable Instruments Act, 1881 References Jump up ^ Sumeet Malik. PROPERTY LAW MANUAL ( Hard Bound ) format = requires url = ( help ) ( 2014 ed. ). Eastern Book Company. p. 1 - 968. ISBN 9789351451150. External links Text of the Transfer of Property Act 1882 Retrieved from `` https://en.wikipedia.org/w/index.php?title=Transfer_of_Property_Act_1882&oldid=807503363 '' Categories : Legislation in British India Property law in India 1882 in law 1882 in India 1882 in British law Hidden categories : Pages using citations with format and no URL Use dmy dates from September 2015 Use Indian English from September 2015 All Wikipedia articles written in Indian English Wikipedia articles that are too technical from July 2013 All articles that are too technical Articles needing expert attention from July 2013 All articles needing expert attention Talk Contents About Wikipedia हिन्दी ਪੰਜਾਬੀ Edit links This page was last edited on 28 October 2017, at 11 : 26. About Wikipedia

Question: meaning of transfer as per transfer of property act
Answer: an act by which a person conveys the property to one or more persons, or himself and one or more other persons