TRANSFER OF PROPERTY ACT, 1882 CONTAIN PROVISION FOR WHAT TYPE OF TRANSFER

Property can be transferred by three way i.e by operation of law, by court decree and by act of parties. Here by operation of law means where property devolve upon a person automatically by rule of succession or by testamentary disposition (by way of will). Whereas transfer by court decree in itself clear means when court has decreed any transfer in favor of any person then such transfer will be called transfer by court. And third way is transfer by act of parties means when parties themselves entered into the contract and decide the mode and terms & condition of transfer.

Now the question arises Transfer of Property Act, 1882 contain provision for which category of transfer. If we talk about transfer by way of operation of law then on such transfers Hindu Succession Act applies, even from section 5 of TPA we can conclude that TPA does not deal with transfers which are done by way of operation of law as according to Section 5 of TPA transfers which are made from “one living to another living person” are transfer according to TPA, therefore any transfer made from non-living person to living person or from living to non-living person are not transfer for the purpose of TPA. And when we talk about transfer by way of operation of law then here transfer is from one non-living person to living person happens so any transfer done. For example:- Father made a Will in favour of his Son where he has given his property to his son after his death, so here when father dies property devolve upon son according to Will, so here property is devolving from non-living person to living person, and such transfers are not covered under TPA.

About transfer by court decree there also TPA not applicable as that done according to the direction of law. Hence TPA deals with only transfers which are made by act of parties.