Category Archives: Transfer of Property Act

What is Encumbrance ?

BEFORE PURCHASING PROPERTY OR ENTERING INTO LEASE AGREEMENT OR RENT AGREEMENT YOU SHOULD ENSURE THAT THERE ARE NO ENCUMBRANCES ON THE PROPERTY IN QUESTION! Encumbrance means a liability which burdens the property, for example, lease, mortgage, easement, restriction, covenant, rent charge etc. Encumbrances which can be carved out of ownership, generally are securities, leases, servitude’s,… Read More »

Transfer of Property Act – of gifts – When gift may be suspended or revoked

Transfer of Property Act – CHAPTER VII OF GIFTS Section 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. ———————————————————————————– 1. Subs. by Act 20… Read More »

T.P. ACT- of exchanges- Right of party deprived of thing received in exchange

Transfer of Property Act – CHAPTER VI OF EXCHANGES Section 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… Read More »

Know about debts – Transfer of actionable claims

Transfer of Property Act – CHAPTER VIII OF TRANSFERS OF ACTIONABLE CLAIMS Section 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 transfer or or his duly authorized agent, shall be complete and… Read More »

Know about leases of immovable property – Duration of certain leases in absence of written contract or local usage

Transfer of Property Act – CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY Section 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… Read More »