1. 1. Presented By- Group 7
2. 2. What is Transfer ? Types of Property Conditions of valid Transfer. Absolute Interest Special transfer of Immovable Property Sale (Sec:54-57) Mortgage(Sec:58-104) Lease(Sec: 105-117) Exchange(Sec:118-112) Gifts(122-129) Actionable Claims(Sec:130-137)
3. 3. Law relating to transfer of property act is governed by the TRANSFER OF PROPERTY ACT, 1882. Before this act came into force there was no law as to the real property in India.
4. 4. It means an act by which a living person transfer property in present or in future to one or more other living persons. It applies in non testamentary instruments.
5. 5. Transfer includes- Transfer By act of parties Testamentary Non testamentary By operation of law Transfer of property whether movable or immovable SALE MORTGAGE LEASE EXCHANGE GIFTS ACTIONALBLE CLAIMS Special transfer of immovable property
6. 6. TYPES OF PROPERTY MOVABLE PROPERTY Copyrig- ht TRADEM- ARK ROYALTY GROWING CROPS IMMOVABLE PROPERTY PUBLIC PROPERTY HEREDITARY OFFICES MACHINERY ATTACHED PERMANENT -LY PERSONAL RIGHTS
7. 7. Every person who is competent to contract and is entitled to transfer the property or authorized to dispose off property is competent to transfer such property. : Every person who is competent to contract and is not disqualified by law can be a transferee. : Every property is transferable. However, there are certain exceptions u/s 6. : Execution Attestation Registration
8. 8. ABSOLUTE INTEREST Mr. A Sell his absolute interest in LAND To Mr. B Mr. B acquires an absolute interest in property Mr. B become owner of property When a person own property , he has an absolute interest in the property, Ownership consist of bundle of rights like, right to possession, right to enjoyment, right of selling etc.
9. 9. Special transfer of immovable property - SALE Section 54-57 MORTGAGE Section 58-104 LEASE Section 105-117 EXCHANGE Section 118-112 GIFT Section 112-129 ACTIONABLE CLAIMS Section 130-137
10. 10. It has been defined as transfer of ownership in exchange for a price paid or promised or partly paid or partly promised It is the transfer of an interest in immovable property for the purpose of serving the payment of money advanced or to be advanced by the of loan which may give rise to a pecuniary liability.
11. 11. SIMPLE MORTGAGE MORTGAGE BY CONDITIO NAL SALE ENGLISH MORTGAGE Usufactuary mortgage Mortgage by deposits of title deed
12. 12. LEASE It is an transfer of a right to enjoy the property. Since it is a transfer to Enjoy and the use of Property, possession Is always given to Transferee. Lease of immovable Property made for certain Period.
13. 13. EXCHANGE When two persons mutually transfers the ownership of one thing for the ownership of another, neither of them is money, the transaction is called an exchange.
14. 14. It is a transfer of certain existing movable or immovable property made without consideration, voluntary bt one person call DONER to another person call DONEE. A gift of immovable property must be made by the registered instrument signed by or on behalf of doner and attested by atleast two witness.
15. 15. EXAMPLES Arrear of rent due Provident fund Money due under insurance policy.