The transfer of property act (IV of 1882)
Material type:
- 346.0436 MOK
Item type | Current library | Collection | Call number | Status | Barcode | |
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Dept. of Sharia & Law Seminar Library Social Sciences | 300 Social Sciences | 346.0436 MOK (Browse shelf(Opens below)) | Available | DOSL727 |
Title: The Transfer of Property Act, 1882
Citation: Act No. IV of 1882
Enacted by: Indian Legislature
Date of Enactment: February 17, 1882
Scope and Purpose:
The Transfer of Property Act, 1882, is a key piece of legislation in India that regulates the transfer of property in the country. It provides a systematic legal framework for the transfer of both movable and immovable properties and defines the conditions under which such transfers can occur. The Act aims to consolidate and amend the laws related to property transfer to ensure clarity and uniformity.
Key Provisions:
Definitions (Section 3): Clarifies key terms such as "transfer of property," "instrument," "attested," and others.
Transfer of Property (Section 5-53A): Defines what constitutes a transfer of property, including sale, mortgage, lease, exchange, and gifts.
Sales of Immovable Property (Section 54-57): Details the requirements and effects of a sale, including the rights and liabilities of buyers and sellers.
Mortgages (Section 58-104): Describes different types of mortgages, rights and obligations of mortgagors and mortgagees, and the process of foreclosure and redemption.
Leases (Section 105-117): Covers leases of property, including the rights and duties of lessors and lessees.
Exchanges (Section 118-121): Outlines the legal framework for exchanging property.
Gifts (Section 122-129): Provides guidelines on the making and acceptance of gifts of property.
Transfer of Actionable Claims (Section 130-137): Addresses the transferability of actionable claims, including the mode of transfer and the rights of transferees.
Significance:
The Transfer of Property Act, 1882, is significant for providing a comprehensive legal basis for property transactions in India. It aims to protect the rights of property owners and ensure legal certainty in transactions. This Act is fundamental for legal professionals, real estate developers, financial institutions, and individuals involved in property transactions.
Amendments:
The Act has been amended several times to address evolving needs and legal challenges. Notable amendments include changes to sections dealing with leases, mortgages, and the introduction of provisions for the registration of certain transactions.
Reference:
For detailed information, please refer to the official text of the Transfer of Property Act, 1882, and subsequent amendments. Legal commentaries and case law analyses can provide additional insights into its application and interpretation.
This note provides a concise overview of the Transfer of Property Act, 1882, for inclusion in a library catalog, highlighting its purpose, key provisions, significance, and amendments.
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