LAW OF TRANSFER
We own agricluture lands, houses, house sites, gardens, forest, radio, television set etc. How do we become the owners of these properties? The ownership to immovable properties can be acquired in four ways known to law.
They are
(i) grant,
(ii) succession,
(iii) Law of prescrtption
(iv) conveyance.
Firstly, the government owning the properties can assign the land to a person by issuing land and thus making the person as owner. It is called the acquisition of ownership by grant.
It is governed by the Government Grants Act, 1895. Secondly, if 'A' is the ortginal owner of the immovable property and if he dies intestate his heirs will become the owner of his properties or if he dies leaving the will the legatees will become the owners of properties. It is called the acquisition of ownership under the law of succession.
The law of this subject is governed by law of succession and Testamentary Succession namely Indian Succession Act and Personal laws like Hindu Succession Act. and Mohanmmedan law of Succession etc
Thirdly if 'A' is the owner of land but 'B' trespassed into the land and was in adverse possession for more than 12 years. 'B' will become the owner of the land on the expiry of 12th year and 'A's title will be extinguished. It is called the acquisition of owenership by prescrtption.
This subject is covered by the law of limitation that is Indian Limitation Act, 1963. Fourthly if 'A' is the owner of a property, he can execute a document called conveyance in favour of 'B' transferrtng his title to 'B' then 'B' will become the owner of the property. It is called acquisition of ownership by conveyance.
History of law of transfer
In India, the law of transfer inter vivos is cmrered by Transfer of Property Act 1882. This Act came into force on 1-7-1882 and it applies to India.
Under Mohammedan law a Mohammedan may settle property in perpetuity for the benefit of his descendants provided there is an ultimate gift in favour of Charity. As per Section 13 and 14 of Transfer of Property Act are against those provisions of Mohammedan law.
Transfer of Property Act will not apply for such a settlement and Mohammedan law will govern. The Mohammedan law of gift is expressly saved by Section 129 of Transfer of Property Act. Hence for a Mohammeda gift no writing is necessary, but delivery of possession is essential.
Transfer of Property Act, 1882 This Act applies both to immovable and movable and also to tangible and intangible properties.
But all Sections of the Act do not apply to all of them. Sections 5 to 37 and 118 to 137 apply for both movable and immovable properties. Sections 38 to 117 apply to immovable properties alone.This Act deals with General principles of transfer in Sections 5 to 53-A, sale of immovable properties in Sections ' 54 to 57, Mortgage of immovable properties and charges in Sections 58 to 104, lease of immovable properties in Sections 105 to 117, Exchange of movables and immovable in Sections 118 to 121, gift of movable and immovable properties. in Sections 122 to 129 and transfer of actionable claim in Sections 130 to 137. Hence sale of movable properties is not governed by this Act, but by the Sale of goods Act and Pledge of movable is governed by Contract Act.
We own agricluture lands, houses, house sites, gardens, forest, radio, television set etc. How do we become the owners of these properties? The ownership to immovable properties can be acquired in four ways known to law.
They are
(i) grant,
(ii) succession,
(iii) Law of prescrtption
(iv) conveyance.
Firstly, the government owning the properties can assign the land to a person by issuing land and thus making the person as owner. It is called the acquisition of ownership by grant.
It is governed by the Government Grants Act, 1895. Secondly, if 'A' is the ortginal owner of the immovable property and if he dies intestate his heirs will become the owner of his properties or if he dies leaving the will the legatees will become the owners of properties. It is called the acquisition of ownership under the law of succession.
The law of this subject is governed by law of succession and Testamentary Succession namely Indian Succession Act and Personal laws like Hindu Succession Act. and Mohanmmedan law of Succession etc
Thirdly if 'A' is the owner of land but 'B' trespassed into the land and was in adverse possession for more than 12 years. 'B' will become the owner of the land on the expiry of 12th year and 'A's title will be extinguished. It is called the acquisition of owenership by prescrtption.
This subject is covered by the law of limitation that is Indian Limitation Act, 1963. Fourthly if 'A' is the owner of a property, he can execute a document called conveyance in favour of 'B' transferrtng his title to 'B' then 'B' will become the owner of the property. It is called acquisition of ownership by conveyance.
History of law of transfer
In India, the law of transfer inter vivos is cmrered by Transfer of Property Act 1882. This Act came into force on 1-7-1882 and it applies to India.
Under Mohammedan law a Mohammedan may settle property in perpetuity for the benefit of his descendants provided there is an ultimate gift in favour of Charity. As per Section 13 and 14 of Transfer of Property Act are against those provisions of Mohammedan law.
Transfer of Property Act will not apply for such a settlement and Mohammedan law will govern. The Mohammedan law of gift is expressly saved by Section 129 of Transfer of Property Act. Hence for a Mohammeda gift no writing is necessary, but delivery of possession is essential.
Transfer of Property Act, 1882 This Act applies both to immovable and movable and also to tangible and intangible properties.
But all Sections of the Act do not apply to all of them. Sections 5 to 37 and 118 to 137 apply for both movable and immovable properties. Sections 38 to 117 apply to immovable properties alone.This Act deals with General principles of transfer in Sections 5 to 53-A, sale of immovable properties in Sections ' 54 to 57, Mortgage of immovable properties and charges in Sections 58 to 104, lease of immovable properties in Sections 105 to 117, Exchange of movables and immovable in Sections 118 to 121, gift of movable and immovable properties. in Sections 122 to 129 and transfer of actionable claim in Sections 130 to 137. Hence sale of movable properties is not governed by this Act, but by the Sale of goods Act and Pledge of movable is governed by Contract Act.
