Introduction to the transfer of Property Act 1882.What may be transferred. Operation of the transfer

Introduction to Law of Property

 

INTRODUCTION TO TRANSFER OF PROPERTY LAW

SYNOPSIS:

1. Introduction & Historical Background of Transfer Of Property Act, 1882

2. Application of TOPA

3. Interpretations

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 defines but also amends the current laws, and does not introduce any new principle. It is based on equitable principles of justice and good conscience. 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.

Enforcement Date

An Act to define and amend the Law relating to the Transfer of Property by Act of Parties comes 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 partition legislation and Indian Independence Act makes it applicable in Pakistan and India after partition.

It consists of VIII CHAPTERS and 137 sections. It regulates 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.

Section 5 of TOPA:  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.

Download Files

1604511538-property-law-transfer-of-property-act-1872.pdf (0.27 MB )