Transfer of property title

Transfer of property is the taking over of possession by one person from another.The Transfer of Property Act 1882 contains specific
provisions regarding what constitutes transfer and the conditions attached to it.According to the Act,'transfer of property means an act by
which a person conveys property to one or more persons,or himself and one or more other persons'. 

The act of transfer may be done in the present or for the future.The person may include an individual,company or association of
individuals,and any kind of property may be transferred.A transfer of property passes forthwith to the transferee all the interest which the
transferor is capable of passing in the property,unless a different intention is expressed or implied.

Every person,who is competent to contract,is competent to transfer property,which can be transferred in whole or in part.He should be
entitled to the transferable property,or authorised to dispose off the transferable property which is not his own.The right may be either
absolute or conditional,and the property may be movable or immovable,present or future.Such a transfer can be made orally,unless a
transfer in writing is specifically required under any law.

In case a property is transferred subject to the condition that absolutely restrains the transferee from parting with or disposing off his
interest in the property,the condition is void.The only exception is in the case of a lease where the condition is for the benefit of the lessor or
those claiming under him.Generally,only a person having interest in a property is authorised to transfer his interest in the property and can
pass on proper title to any other person.

According to the Act,property of any kind may be transferred.A person insisting on non-transferability must prove the existence of some law
or custom which restricts the right to transfer.Unless there is some legal restriction preventing the transfer,the owner of a property may
transfer it.

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Transfer of Property Act: Making A Valid Transfer Of Title

Transfer of property means transferring possession of a property from one person to another person.The Transfer of Property Act
1882 contains specific provisions regarding what exactly constitutes transfer and the conditions which are required to be satisfied
for it to be valid.
According to the Act ‘transfer of property’ means an act by which a living person conveys property to one or more other living
persons, or to himself and one or more other living persons’.
A transfer of property passes to the transferee all the interest which the transferer is capable of passing in the property, unless a
different intention is expressed or implied.The act of transfer may be done immediately or for the future. The transferer may be
an individual, company or association,
or a body of individuals. As per the Act, property of any kind may be transferred.
The owner of a property may freely transfer it unless there is some legal restriction preventing the transfer. However, in some
cases, there may be transfer of property by unauthorised persons who subsequently acquire interest in the property.
Every person who is competent to contract is competent to transfer property.The transfer may be in whole or in part. He should
be entitled to the transferable property, or authorised to dispose transferable property which is not his own. The right may be
either absolute or conditional. The property may be movable or immovable, present or future. Such transfer can be made orally,
unless transfer in writing is specifically required under any law.
In case the property is transferred subject to a condition which absolutely restrains the transferee from parting
with or disposing of his interest in the property,the condition is void.The only exception is in the case of a lease where the
condition is for the benefit of the lessor or those claiming under him.
Generally,only a person having interest in the property is authorised to transfer his interest, and can pass on proper title to any
other person.
Under Section 43 of the Transfer of Property Act 1882, in case a person either fraudulently or erroneously represents that he is
authorised to transfer certain immovable property and does some acts to transfer such property for consideration, such a
transfer will continue to operate in future. It will operate on any interest which the transferer may acquire in such property. This
will be at the option of the transferee.
This can be done during the time during which the contract of transfer exists. As per this rule, the rights of a bona fide
transferee, who has no notice of the earlier transfer or of the option, are protected.
The rights of the transferees will not be adversely affected, provided they act in good faith and the property is acquired for
consideration. Also, if the transferees act without notice of the defect in title of the transferer. The conditions to be satisfied
include a representation by the transferer that he has authority to transfer the immovable property.
The representation should be either fraudulent or erroneous. The transferee must act on the representation in good faith. The
transfer should be done for a consideration. The transferer should subsequently acquire some interest in that property which he
had agreed to transfer. The transferee may have the option to acquire the interest which the transferer subsequently acquires.
The exercise of option must be during the period of continuation of the contract and not afterwards. In such cases, the
transferee becomes entitled to the interest which is subsequently acquired by the transferer.

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Transfer Of Property Act  Introduction:

 
Transfer of Property Act, 1882 is the general law relating to transfer of immovable property.  The principal objectives of the Act
are:
 
To lay down uniform rules for transfer of property; and 
 
To complete the code of contract law so far as it relates to immovable property.
 
Meaning of Immovable Property:
 
Transfer of Property Act, 1882 does not define the term Immovable property. However, Sec 3 only states the Immovable property
doesn’t include standing timber, growing crops, and grass.
 According to the General Clauses Act, 1897. Immovable Property includes land, benefit arises out of land, things attached to the
earth, or permanently fastened to anything attached to the earth.

 
Thus, by combining the aforesaid two definitions, we can say that the Immovable property includes land, benefits arising out of
the land things attached to the earth, etc., but doesn’t include standing timber, growing crops and grass.
 
Transferable Property [Section 6 ]
 
Section 6 provides that, in general, every kind of property can be transferred from one person to another.
 
However, following are the exceptions to this general rule i.e.; in the following cases, property can’t be transferred from one
person to another:
 
Chance of an Heir Apparent/ Spes Succession

The technical expression for the chance of an heir apparent succeeding to an estate is called spes secession is. It means
succeeding to a property.
 
This means an interest which has not arisen but which may arise in future. It is in anticipation or hope of succeeding to an estate
of a deceased person. Such a chance is not property an as such cannot be transferred.  If it is transferred, the transfer is wholly
void.
 
Right of Re-Entry
 
This is a right which a lesser has against the leasee for breach of an express condition of lease which provides that on its breach
the leaser may re-enter the land. The transferor 
Reserves this right to himself after having parted with the possession of the property. This right is for his personal benefit and
cannot, therefore, be transferred.
 
Transfer of Easement:

Easement means an interest in land owned by another that entitled his holders to a specific limited use or enjoyment.  An
easement cannot be transferred without the property which has the benefit of it.
 
Interest Restricted in its Enjoyment:
 
The cases which fall under this head include the following:
 
The   right of “Pujari” in a temple to receive offerings.
 
The right of a “Widow” under Hindi law to residence and maintenance.
 
The rights given in these cases are purely of a personal nature and cannot, therefore, be transferred.  These rights are restricted to
the person to whom they belong.
 Right to Future Maintenance

 
A right to future maintenance in whatsoever manner arising can’t be transferred. It is solely for the personal benefits of the person
to whom it is granted. However, the arrears of the past maintenance can be transferred. 
 
Right to Sue
 
Mere rights to sue can’t be transferred. However, if it is incidental to transfer of another right, it can be transferred.
 
Public Offices and salaries, Stipends, Pension, Etc.
 
Transfer of public offices and salaries, stipends, pension etc., cannot be transferred on the grounds of public policy.
 
Occupancy Rights
 
Transfer of occupancy rights of a tenant is prohibited on the ground of public policy.  This restriction is imposed by law for the
purpose of regulating relation between landlords and tenants.