1st WEEK:INTRODUCTION TO TRANSFER OF PROPERTY LAW

INTRODUCTION TO TRANSFER OF PROPERTY LAW

SYNOPSIS:

1.INTRODUCTION AND HISTORICAL BACKGROUND OF TRANSFER OF PROPERTY CT,1882

2.APPLICATION OF TOPA

3.DEFINETIONS

4.CRITICAL ANALYSIS

No one can deny the significance of property in today’s socio-economic world. Disputes relating to disposition of property are dominating in courts, thereby stressing the necessity of understanding various concepts of transfer of property and laws relative thereto. The Transfer of Property Act defines certain expressions used in relation to transfer of property and amends the  prevailing rules governing the same.Therefore,the Transfer of Property Act, 1882 not only define but also amend the current  laws, and does not  introduce any new principle. It is based on equitable principles of  justice and good conscience.16 The main objects of Transfer of Property Act were  to bring the rules which regulate the affairs of transfer of property and  to complete Contract Act provisions.

An Act to amend the Law relating to the Transfer of Property by Act of Parties.It came into force on 1st July 1882

Preamble. Whereas it is expedient to define and amend certain parts of the law relating to the Transfer of Property by Act of parties; It is hereby enacted.It is pre partion legislation and Indian Independence Act makes it applicable in Pakistan and India after partition.

It consists of VIII CHAPTERS and 137 sections.It regulate the transfers by act of parties.Primarily, it deals with general rules of transfer and 6 major types of transfer including sale,lease,exchange,mortgage,gift and actionable claim.

Transfer of property defined. In the following sections 'Transfer of Property' means and act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or to himself] and one or more other living persons: and 'to transfer property' is to perform such act.

There are various theories of transfer of property e.g. Marxit Theory.

  • Transfer of Propery Act deals with bot type of properties whether moveable or immoveable e.g. gift.
  • Property must be in existance
  • Parties should be competent to contract.
  • Parties inter vivos
  • Transfer by act of parties not by operation of law

The Supreem Court of PAkistan in Mirza Shoukat Baig vs. Shahid Jamil case explained purpose of preamble of TPA.PLD 2005 SC 530.

 

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