LegalCrystal – Blog

CHAPTER VII

OF GIFTS

122. “Gift” defined.

“Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
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1. Subs. by Act 20 of 1929, s. 59, for the original section.
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Acceptance when to be made.-Such acceptance must be made during the lifetime of the donor and while he is still capable of giving.
If the donee dies before acceptance, the gift is void.

123. Transfer how effected.

For the purpose of making a gift of immoveable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

For the purpose of making a gift of moveable property, the transfer may be effected either by a registered instrument signed as aforesaid or by delivery.

Such delivery may be made in the same way as goods sold may be delivered.

124. Gift of existing and future property.

A gift comprising both existing and future property is void as to the latter.

125. Gift to several, of whom one does not accept.

A gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had he accepted.

CHAPTER VI

OF EXCHANGES

118. “Exchange” defined.

When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is called an “exchange”.

A transfer of property in completion of an exchange can be made only in manner provided for the transfer of such property by sale.

119. Right of party deprived of thing received in exchange.

If any party to an exchange or any person claiming through or under such party is by reason of any defect in the title of the other party deprived of the thing or any part of the thing received by him in exchange, then, unless a contrary intention appears from the terms of the exchange, such other party is liable to him or any person claiming through or under him for loss caused thereby, or at the option of the person so deprived, for the return of the thing transferred, if still in the possession of such other party or his legal representative or a transferee from him without consideration.

120. Rights and liabilities of parties.

Save as otherwise provided in this Chapter, each party has the rights and is subject to the liabilities of a seller as to that which he gives, and has the rights and is subject to the liabilities of a buyer as to that which he takes.

121. Exchange of money.

On an exchange of money, each party thereby warrants the genuineness of the money given by him.

CHAPTER VIII

OF TRANSFERS OF ACTIONABLE CLAIMS

130. Transfer of actionable claim.

(1) The transfer of an actionable claim whether with or without consideration shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorized agent, shall be complete and effectual upon the execution of such instrument, and thereupon all the rights andremedies of the transferor, whether by way of damages or otherwise, shall vest in the transferee, whether such notice of the transfer as is hereinafter provided be given or not:

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1. Ins. by Act 20 of 1929, s. 60.

2. The words and figures “or, save as provided by section 123, any rule of Hindu or Buddhist law” omitted by s. 61, ibid.

3. Subs. by Act 2 of 1900, s. 4, for the original Chapter.

4. Ins. by Act 20 of 1929, s. 62.

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Provided that every dealing with the debt or other actionable claim by the debtor or other person fromor against whom the transferor would, but for such instrument of transfer as aforesaid, have been entitled to recover or enforce such debt or other actionable claim, shall (save where the debtor or other person is a party to the transfer or has received express notice thereof as hereinafter provided) be valid as against such transfer.

(2) The transferee of an actionable claim may, upon the execution of such instrument of transfer asaforesaid, sue or institute proceedings for the same in his own name without obtaining the transferor’s consent to such suit or proceedings and without making him a party thereto.

Exception.–Nothing in this section applies to the transfer of a marine or fire policy of insurance 2*[or affects the provisions of section 38 of the Insurance Act, 1938 (4 of 1938)].

Illustrations

(i) A owes money to B, who transfers the debt to C. B then demands the debt from A, who, not having received notice of the transfer, as prescribed in section 131, pays B. The payment is valid, and C cannot sue A for the debt.

(ii) A effects a policy on his own life with an Insurance Company and assigns it to a Bank for securing the payment of an existing or future debt. If A dies, the Bank is entitled to receive the amount of the policy and to sue on it without the concurrence of A’s executor, subject to the proviso in sub-section (1) of section 130 and to the provisions of section 132.

130A. Transfer of policy of marine insurance.

Rep. by the Marine Insurance Act, 1963 (11 of 1963), s. 92 (w.e.f. 1-8-1963).

Notice to be in writing, signed

131. Every notice of transfer of an actionable claim shall be in writing, signed by the transferor or his agent duly authorized in this behalf, or, in case the transferor refuses to sign, by the transferee or his agent, and shall state the name and address of the transferee.

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1. The words and figures “and notwithstanding anything contained in s. 123″ ins. by Act 38 of 1925, s. 2, omitted by Act 20 of 1929, s. 62.

2. Added by Act 4 of 1938, s. 121 (with effect from 1-7-1939).

3. Ins. by Act 6 of 1944, s. 2.

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132. Liability of transferee of actionable claim.

The transferee of an actionable claim shall take it subject to all the liabilities and equities to which the transferor was subject in respect thereof at the date of the transfer.

Illustrations

(i) A transfers to C a debt due to him by B, a being then indebted to B. C sues B for the debt due by B to A. In such suit B is entitled to set off the debt due by A to him; although C was unaware of it at the date of such transfer.

(ii) A executed a bond in favour of B under circumstances entitling the former to have it delivered up and cancelled. B assigns the bond to C for value and without notice of such circumstances. C cannot enforce the bond against A.

133. Warranty of solvency of debtor.

Where the transferor of a debt warrants the solvency of the debtor, the warranty, in the absence of a contract to the contrary, applies only to his solvency at the time of the transfer, and is limited, where the transfer is made for consideration, to the amount or value of such consideration.

134. Mortgaged debt.

Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received by the transferor or recovered by the transferee, is applicable, first, in payment of the costs of such recovery: secondly, in or towards satisfaction of the amount for the time being secured by the transfer; and the residue, if any, belongs to the transferor or other person entitled to receive the same.

Assignment of rights under policy of insurance against fire

135. Every assignee, by endorsement or other writing, of a policy of insurance against fire, in whom the property in the subject insured shall be absolutely vested at the date of the assignment, shall have transferred and vested in him all rights of suit as if the contract contained in the policy had been made with himself.

135A. Assignment of rights under policy of marine insurance.

Rep. by the Marine Insurance Act, 1963 (11 of 1963), s. 92 (w.e.f. 1-8-1963).

136. Incapacity of officers connected with Courts of Justice.

No Judge, legal practitioner or officer connected with any Court of Justice shall buy or traffic in, or stipulate for, or agree to receive any share of, or interest in, any actionable claim, and no Court of Justice shall enforce, at his instance, or at the instance of any person claiming by or through him, any actionable claim so dealt with by him as aforesaid.

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1. Subs. by Act 6 of 1944, s. 3, for the original section.

2. Ins. by s. 4, ibid.

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137. Saving of negotiable instruments, etc.

Nothing in the foregoing sections of this Chapter applies to stocks, shares or debentures, or to instruments which are for the time being, by law or custom, negotiable, or to any mercantile document of title to goods.

Explanation.–The expression ”mercantile document of title to goods” includes a bill of lading, dock-warrant, ware housekeeper’s certificate, railway receipt, warrant or order for the delivery of goods, andany other document used in the ordinary course of business as proof of the possession or control ofgoods, or authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented.

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CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY 105.   Lease defined.           A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.         Lessor, lessee, premium and rent defined.-The transferor is called the lessor, the transferee is called the lessee, the price is called  the premium,  and  the  money,  share, service or other  thing  to be  so rendered is called the rent. 106.   Duration of certain leases in absence of written contract or local usage.          In the absence of a contract or local law or usage to the contrary, a lease of   immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the  part of either lessor or lessee, by six months’ notice expiring with the end of a year of the tenancy; and a lease of immoveable property for any other purpose shall be deemed to be a lease from month to  month, terminable, on the part of either lessor or lessee, by fifteen days’ notice expiring with the end of a month of the tenancy.—————————————————————————————————————1.             As to  persons competent  to contract,  see ss.  11 and 12 of the Indian Contract Act, 1872 (9 of 1872).2.             Subs. by  Act 20 of 1929, s. 53, for “Chapter XXXI of the Code of Civil Procedure”.—————————————————————————————————————          Every notice  under this section must be in writing, signed by or on behalf  of the  person giving  it, and 1*[either be sent by post to the party  who is intended to be bound  by it or be tendered  or delivered personally  to such party], or  to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property. Leases how made           107.   A lease of  immoveable property from year to  year, or  for any  term exceeding  one year,  or reserving  a yearly rent, can be made only by a registered instrument.         All other leases of immoveable property may be made either by a registered instrument or by oral agreement accompanied by delivery of possession.           Where a lease of immoveable property is made by a registered instrument, such instrument or, where there are more instruments than one, each such instrument shall be executed by both the lessor and the lessee:           Provided that the State Government may, 5*** from time to time, by notification in the Official Gazette, direct that leases of immoveable property, other  than leases  from year  to  year, or  for  any  term exceeding one  year, or  reserving a yearly rent, or any class of such leases, may be made  by unregistered  instrument or by oral agreement without delivery of possession. 108.       Rights and liabilities of lessor and lessee.           In the absence of a  contract or  local usage  to the  contrary, the  lessor and  the lessee of immoveable property,  as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next  following, or  such of  them  as  are  applicable  to  the property leased –           (A)     Rights and Liabilities of the Lessor                   (a)      The lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not with ordinary care discover:—————————————————————————————————————1.             Subs. by Act 20 of 1929, s. 54, for “tendered or delivered either personally to the party who is intended to be bound by it”.2.             As to limitation to the territorial operation of s. 107, see s. 1, supra.  S. 107 extends to every cantonment–see s.  287 of the Cantonments Act, 1924 (2 of 1924).3.             Subs. by Act 6 of 1904, s. 5 for the original paragraph.4.             Ins. by Act 20 of 1929, s. 55.5.             The words “with the previous sanction of the G. G. in C.” omitted by the A. O. 1937.—————————————————————————————————————                   (b)     the lessor is  bound on  the lessee’s  request to put him in possession of the property:                   (c)     the lessor shall be deemed to contract with the lessee that, if the  latter pays  the rent reserved by  the lease and performs the contracts binding  on the  lessee, he may hold the property during the time limited by the lease without interruption.                            The benefit  of such contract shall be annexed to and go with the lessee’s interest as such, and may be enforced by every person in whom that interest  is for  the whole or any part thereof from time to time vested.         (B)     Rights and Liabilities of the Lessee                   (d)     If during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease:                   (e)      if by fire, tempest or flood, or violence of an army or of a mob, or other irresistible force, any material part of the property be wholly destroyed  or rendered  substantially and permanently unfit for the purposes  for which  it was let, the lease shall, at the option of the lessee, be void:                            Provided that, if the injury be occasioned by the wrongful act or default of the lessee, he shall not be entitled to avail himself of the benefit of this provision:                    (f)      if the lessor  neglects to  make, within  a reasonable  time after notice,  any repairs  which he is bound to make to the property, the lessee  may make  the same himself, and deduct the expense of such repairs with  interest from the rent, or otherwise recover it from the lessor:                   (g)     if the lessor neglects to make any payment which he is bound to make, and which, if not made by him, is recoverable from the lessee or against the property, the lessee may make such payment himself, and deduct it  with interest  from the  rent, or otherwise recover it from the lessor:                   (h)     the lessee may 1*[even after the determination of the lease] remove, at any time 2*[whilst he is in  possession of  the property leased but not afterwards] all things which he has  attached to the earth:                            provided he leaves the property in the state in which he received it:—————————————————————————————————————1.             Ins. by Act 20 of 1929, s. 56.2.             Subs. by s. 56, ibid., for “during the continuance of the lease”.—————————————————————————————————————                   (i)      when a lease  of uncertain  duration determines by any means except the  fault of  the lessee,  he or  his legal  representative is entitled to  all the  crops planted  or sown by the lessee and growing upon the  property when  the lease determines, and to free ingress and egress to gather and carry them:                  (j)      the lessee may  transfer absolutely or by way of mortgage or sub-lease the  whole or  any part of his interest in the property, and any transferee  of such  interest or  part may  again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease: nothing in this clause shall be deemed to authorize a tenant having an un-transferable right of occupancy, the farmer of an estate in respect of which default has  been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee:                   (k)     the lessee is bound to disclose to the lessor any fact as to the nature  or extent  of the interest which  the lessee  is about to take, of  which the lessee is, and the lessor is not, aware, and which materially increases the value of such interest:                    (l)      the lessee is bound to pay or tender, at the proper time and place, the premium or rent to the lessor or his agent in this behalf:                   (m)    the lessee is  bound to  keep, and on the termination of the lease to  restore, the property in  as good condition as it was in at the time  when he  was put  in possession, subject only to the changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and his agents, at all reasonable times during the term, to enter upon  the property and inspect the condition thereof and give or leave notice  of any  defect in  such condition; and, when such defect has been  caused by  any act or default on the part of the lessee, his servants or  agents, he  is bound  to make it good within three months after such notice has been given or left:                    (n)     if  the lessee becomes aware of any proceeding to recover the property or any part thereof, or of any encroachment made upon, or any interference with, the lessor’s rights concerning such property, he is bound to  give, with  reasonable  diligence,  notice  thereof  to  the lessor:                   (o)     the lessee may use the property and its products (if any) as a person of ordinary prudence would use them if they were his own; but he  must not  use, or  permit another  to use, the property for a purpose other  than that  for which it was leased, or fell 1*[or sell] timber, pull down or damage buildings 1*[belonging to the lessor, or] work mines  or quarries not open when the lease was granted, or commit any other act which is destructive or permanently injurious thereto:                   (p)     he must not,  without the  lessor’s consent, erect on the property any permanent structure, except for agricultural purposes:                   (q)     on the determination of the lease, the lessee is bound to put the lessor into possession of the property. Rights of lessor’s transferee           109.   If the lessor transfers the property leased,  or any part thereof,  or any part of  his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights, and, if the lessee so elects, be subject to all the liabilities  of the lessor as  to the  property or  part transferred so long as  he is  the owner  of it; but the lessor shall not, by reason only of such transfer, cease to be subject to any of the liabilities imposed upon him by the lease, unless the  lessee elects to treat the transferee as the person liable to him:           Provided that  the transferee  is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liable to pay such rent over again  to the transferee.           The lessor,  the transferee  and the  lessee may  determine  what proportion of  the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination  may  be made by any Court having  jurisdiction  to entertain a suit for the possession of the property leased. 109.       Exclusion of day on which term commences.           Where the time limited by a lease of immoveable property is expressed as commencing from a particular day, in computing that time such day shall be excluded. Where no day of commencement is named, the time so limited begins from the making of the lease.           Duration of lease for a year.- Where the time so limited is a year or a number of  years, in the absence of an  express agreement  to  the contrary, the lease shall last during the whole anniversary of the day from which such time commences. —————————————————————————————————————1.             Ins.  by Act 20 of 1929, s.  56.—————————————————————————————————————          Option to determine lease. Where the time so limited is expressed to be terminable before its expiration, and the lease omits to mention at whose option it is so terminable, the lessee, and not the lessor, shall have such option. Determination of lease           111.   A lease of immoveable property determines –         (a)      by efflux of the time limited thereby:         (b)     where such time is limited conditionally on the happening of some  event–by  the happening  of  such event:         (c)     where  the  interest  of  the  lessor  in  the  property terminates on,  or his  power to  dispose of  the  same extends only  to, the  happening of  any event–by  the happening of such event:           (d)     in  case the  interests of  the lessee and the lessor in the whole  of the  property become  vested at  the same time in one person in the same right:          (e)      by express surrender; that is to say, in case the lessee yields up  his interest  under the lease to the lessor, mutual agreement between them:           (f)      by implied surrender:           (g)     by  forfeiture; that  is to say, (1) in case the lessee breaks an express condition  which provides  that, on breach thereof, the lessor may re-enter 1***; or (2) in  case the  lessee renounces  his character as such  by setting up  a title  in a  third person or by claiming title in himself; 2*[or  (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event]; and in 3*[any of these cases] the lessor or his transferee 4*[gives notice in writing to the lessee of] his intention to determine the lease:         (h)     on the expiration of a notice to determine the lease, or to quit,  or of intention to quit, the property leased, given by one party to the other.  Illustration to clause (f)                   A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease, and such lease determines thereupon.—————————————————————————————————————1.             The words  ”or the  lease shall become void” omitted by Act 20 of 1929, s. 57.2.             Ins. by s. 57, ibid.3.             Subs. by s. 57, ibid., for “either case”.4.             Subs. by s. 57, ibid., for “does some act showing”.————————————————————————————————————— 112.   Waiver of forfeiture.           A forfeiture under section 111, clause (g), is waived by acceptance of  rent which has become due since the forfeiture, or  by distress  for such rent, or by any other act on the part of the lessor  showing  an  intention  to  treat  the  lease  as subsisting:         Provided that the lessor is aware that the forfeiture has been incurred:           Provided also that, where rent is accepted after the institution of a suit to eject the lessee on the ground of forfeiture, such acceptance is not a waiver.   113.Waiver of notice to quit                    A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting.           Illustrations          (a)      A, the lessor, gives B, the lessee, notice to quit the property leased.  The notice expires. B tenders, and A accepts, rent which has become due in respect of the property since the expiration of the notice. The notice is waived.          (b)     A, the lessor, gives B, the lessee, notice to quit the property leased.  The notice expires, and B remains in possession. A gives to B as lessee a second notice to quit.  The first notice is waived.  114.       Relief against forfeiture for non-payment of rent.           Where a lease of immoveable property has determined by forfeiture  for non- payment of rent, and  the lessor sues to eject the lessee, if, at the hearing of the suit, the lessee pays or tenders to the lessor the rent in arrear,  together with  interest thereon  and his full costs of the suit, or gives such security as the Court thinks sufficient for making such payment  within fifteen days, the Court may, in lieu of making a decree for  ejectment, pass  an order relieving the lessee against the forfeiture; and thereupon the lessee shall hold the property leased as if the forfeiture had not occurred. 114A.          Relief against forfeiture in certain other cases.           Where a lease of immoveable property has determined by forfeiture for a breach of  an express  condition which provides that on breach thereof the lessor  may re-enter,  no suit  for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing –         (a)      specifying the particular breach complained of; and           (b)     if the breach is capable of remedy, requiring the lessee to remedy the breach;—————————————————————————————————————1.             Ins. by Act 20 of 1929, s. 58.—————————————————————————————————————                   and the lessee fails, within a reasonable time from the date of the service of  the notice,  to remedy  the breach,  if it is capable  of remedy.                   Nothing in this section shall apply to an express condition against the assigning, under-letting, parting with the possession, or disposing, of the property leased, or to an express condition relating to forfeiture in case of non-payment of rent. Effect of surrender and forfeiture on under-leases           115.   The surrender, express  or implied, of a lease of immoveable property does not prejudice  an under-lease of the  property or any part  thereof previously  granted  by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease; but, unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under-lessee shall be respectively payable to and enforceable by the lessor.         The forfeiture of such a lease annuls all such under-leases, except where  such forfeiture has been procured by the lessor in fraud of the under-lessees, or relief against  the forfeiture  is  granted under section 114. 115.       Effect of holding over.           If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts  rent  from the  lessee  or  under-lessee,  or otherwise assents  to his  continuing in  possession, the lease is, in the absence  of an  agreement to  the contrary,  renewed from  year to year, or  from month  to month, according to the purpose for which the property is leased, as specified in section 106.           Illustrations          (a)      A lets a house to B for five years. B underlets the house to C at a monthly rent of Rs. 100. The five years expire, but C continues in possession of the house and pays the rent to A. C’s lease is renewed from month to month.          (b)     A lets a farm to B for the life of C. C dies, but B continues in possession with A’s assent. B’s lease is renewed from year to year. 116.       Exemption of leases for agricultural purposes.           None of the provisions of this Chapter apply to leases for agricultural purposes, except in  so far as the  State Government 1*** may  by notification published in the  Official Gazette declare  all or any  of  such provisions to be so applicable 2*[in the case of all or any  of such  leases], together  with, or  subject to, those of the local law, if any, for the time being in force.—————————————————————————————————————1.             The words “with the previous sanction of the G. G. in C.” omitted by Act 38 of 1920, s. 2 and Sch. I.2.             Ins. by Act 6 of 1904, s. 6.—————————————————————————————————————          Such notification shall not take effect until the expiry of six months from the date of its publication.

Dear Readers,

Its a requirement of a common man now a days to know about the formalities and legal implicationsinvolved in buying and selling of Properties. As well as to take proper precautions before entering into any binding Contract or Agreement regarding the transfer of property. Here I would like to make you aware of the legal formalities as well as the legal implications and the legal entanglements you will land up if you are not aware. As usual I would like to give useful links on the topic to help the people globally who visit my site.

TRASFER OF PROPERTY DEFINED?(Section 5)

Transfer of property means an act by which a living person conveys property, in present or in future, to one or more other living persons (or to himself) and one or more other living persons and to transfer property is to perform such act.

In this section  living person includes a Company or association or body of individuals whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by Companies associated or bodies of individuals.

WHAT MAY BE TRANSFERRED?(Section 6)

Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force:

(a) The chance of any hei9r-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature cannot be transferred.

(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby.

(c) An easement cannot be transferred apart from the dominant heritage

(d) All interest in property restricted in its enjoyment to the owner personally cannot be transferred by him

(e) A right to future maintenance in whatsoever manner arising secured or determined cannot be transferred

(f) A mere right to sue cannot be transferred.

(g) A public office cannot be transferred nor can the salary of a public Officer whether before or after it has become payable.

(h) Stipends allowed to military naval, air force and civil pensioners of the Government and political pensions cannot be transferred.

(i) No transfer can be made

(1)In so far as it is opposed to the nature of the interest affected thereby or

(2)For an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act 1872

(3)To a person legally disqualified to be transferee.

(j) Nothing in this section shall be deemed to authorize a tenant having an untransferable right of occupancy the farmer of an estate in respect of which default has been made in paying revenue or the lessee of an estate under the management of a Court of Wards to assign his interest as such tenant, farmer or lessee.

It is open to the donor to transfer by gift the title and ownership in the property and at the same time reserve its possession and enjoyment to herself during her lifetime. There is no prohibition in law that ownership in a property cannot be gifted without its possession and right of enjoyment .

PERSONS COMPETENT TO TRANSFER(section 7)

Every person competent to contract and entitled to transferable property or authorized to dispose of transferable property not his own is competent to transfer such property either wholly or in part and either absolutely or conditionally in the circumstances to the extent and in the manner allowed and prescribed by any law for the time being in force.

OPERATION OF TRANSFER (Section 8)

Unless a different intention is expressed or necessarily implied a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof.

Such incidents include, where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer and all things attached to the earth

And where the property is machinery attached to the earth, the movable parts thereof.

And where the property is a house the easements annexed thereto the rent thereof accruing after the transfer and the locks, keys bars doors windows and all other things provided for permanent use therewith.

And where the property is a debt or other actionable claim the securities therefore (except where they are also for other debts or claims not transferred to the transferee) but not arrears of interest accrued before the transfer.

ORAL TRANSFER(Section 9)

A transfer of property may be made without writing in every case in which a writing is not expressly required by law.

CONDITION RESTRAINING ALIENATION(Section 10)

Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where the condition is for the benefit of the lessor or those claiming under him provided that property may be transferred to or for the benefit of a woman (not being a Hindu, Muhammadan or Buddist) so that she shall not have power during her marriage to transfer or charge the same or her beneficial interest therein.

RESTRAINT REPUGNANT TO INTEREST CREATED(Section 11)

Where, on a transfer of property, an interest therein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receive and dispose of such interest as if there were no such direction.

(Where any such direction has been made in respect of one piece of immovable property for the purpose of securing the beneficial enjoyment of another piece of such property nothing in this section shall be deemed to affect any right which the transferor may have to enforce such direction or any remedy which he may have in respect of a breach thereof).