Transfer of Property act 1882, defines the term ‘transfer of property’ under Section 5 as “an act by which
a living person conveys property, in present or in future, to one or more other living persons, or to himself
or other living persons. The phrase ‘living person” includes a company or association or body of
individuals, whether incorporated or not, but nothing this section shall affect any law for the time being in
force relating to or by companies, associations or bodies of individuals. The word property here refers to
the (i) tangible things (ii) rights which are exercised over material things (iii) rights which are not
exercised over material such as repayment of debt.
Section 6 of the act says that property of any kind can be transferred except the kind given in Clause (a)
to (i). Clause (a): spes successionis cannot be transferred (hope /bare chance of succeeding). Clause (b):
The right of re-entry cannot be transferred itself apart from land. Clause (c): easement cannot be
transferred. Clause (d): an interest restricted n its enjoyment of himself can’t be transferred. Clause (d): it
restricts the transfer right to maintenance. Clause (e) provides that mere right to sue cannot be transferred.
Clause (f): forbids the transfer of public offices (such a transfer may be opposed to public policy). Clause
(g): pensions cannot be transferred allowed to military, civil pensioners of the government and political
pensions cannot be transferred. Clause (h): prohibits the transfer if the object or consideration of the
transfer is unlawful. Moreover, a transfer by a person who is legally disqualified from being a transferee
is legally disqualified. Clause (i) was inserted by Amendment act of 1885 which declares that certain
interests are un-transferable and inalienable.
Section 7 express the concept of competency of persons that are allowed to transfer the property. There
are 2 conditions that are needed to be fulfilled for the following.
1. The person must be competent to contract (i.e., Section 11 of Indian contract Act).
2. The person who is willing to transfer the property must have the title to the property or authority
to transfer it if he is not the real owner of the property.
Section 8 states that the courts must, in the absence of a contrary intention, hold the transferor indented to
transfer all his interests and legal incidents in the property.
In the case where property transferred is island, all the legal incidents like easements, rents,
profits and things attached to earth shall be transferred.
For house; easements, rent after transfer, Locks, keys, bars, doors etc. shall also be transferred.
For the machinery; movable parts of the machinery should also be transferred.
For debt; the legal incident i.e., securities shall also be transferred.
In other words, the property and the legal incidents attached to the property shall
be transferred as a part of same transaction.
Section 9 elaborates the concept of oral transfer. The property may be transferred in cases wherein it has
not been expressly mentioned that property must be by law transferred in writing.
Section 10 states that where a property is transferred subject to a condition absolutely restraining the
Transferee from parting with his interest in the property, the condition is void.
Hence, it is concluded that transfer of property is a multi-dimensional concept. The transferor i.e.;
the party making transfer to the other party as a part of legal agreement and the transferee i.e.; the
person receiving the title or the property both become a part of transaction performing their
obligations and rights given in the Transfer of property Act, 1882.