The Act does not cover transfers by the operation of law, in

the form of inheritance, forfeiture, insolvency, or sale through

the execution of a decree.
The Act is also not applicable on the disposal of properties
through wills and does not deal with cases of succession of
property.

The Transfer of Property Act talks about six types of property

transfers:
• Sale
• Lease
• Mortgage
• Exchange
• Gift
• Actionable claim
The word “Transfer” Means creation of new rights and
extinguishment of someone’s rights.
The word Property is the material object on which such right
or interest is created. Under English law, the property is
generally classified into real and personal property. The real
comprises of all properties admitted to specific recovery and
is freehold interests in land.
Property in respect of which a personal action lay is classified
as personal property.
In Indian law, the distinction of properties is immovable or
movable.
Preamble
The provisions of the Transfer of Property Act, 1882 have no application in a case where the transfer of property takes place by
operation of law.

Act not exhaustive: it is to be noted that the language of the Preamble neither the word ‘consolidate’ nor the word ‘exhaustive’ is used.

This means that the Act is not exhaustive of a complete Code. It only defines and amends certain parts of the law relating to the
ar

transfer of property, which is already existing.

It is not giving any new consolidated law Therefore, the help of certain principles of English law which are not inconsistent with the
present Act may be taken on occasions on the basis of justice, equity and good conscience.

Where any case is not covered by the provisions of the Act, the courts are permitted to administer the principles of equity.

But where the case is within the provisions of the Act, the Act must be applied.
 Preliminary
Scheme:
It has total 8 chapters covering from sections 1 to 137 and beside them it has 1 schedule which has a relation with
section 2 of the act.

repealed provisions
74,75,80,85-90, 97,99

Subsequent provisions :
53, 59A, 60A, 60B, 63A, 65A, 67A, 69A, 114A: repealed

New provisions: 130A, 135 A

The preliminary part has 4 sections:

1) short title:
2) repeal and changes:
3) interpretation clause
4) code of contract and provisions supplemental to registration act.

Be Called As T.BA , 1882

I
May

be interpreted
as Shall .

② Commencement :-/ 7- feb 1882 - Published

in

Enforcement : 1
July 1882 Official Gazette

Not enforced At one stroke

• Burma

At that

time , it /
•

••
Bombay
Pepsu
Delhi
After 1947

noting
.

was

force in Inde Pent India

Burma
Princely
States ted
- 1
Before I Nov 1956

/ Bombay
The States were Delhi
 •
Jammu Kashmir
Pebsu .

•
Bombay •

Mysore
Delhi Hyderabad
•
•

• Punjab µ
Enabling power is an authorisation without
imposition of any corresponding duty
•
Pepsu .

son
state Govt I
were
given Enabling After i Nov 1956
1
Power to
Act
State Reorganization
TPA -
Respective
Allow
Part A

in
Their

armories part'T
him
"
Part
pane

Parti
BY Demolished

•: concept of Part
[ B was

Removed
fully 4
.

part
1-
Territory
.

Inde By Publication
ye.im in

official Gazette .

-
Bombay -
Adopted
TPA -
on 1 Jan 1893

Delhi -

Dec ,
1962

Punjab -
not till yet (Namdev v. Narmada
- Bai 1953 Sc )
6 1954
may
£54,107,123 (Relating
-

Are Allowed
)
Registration
-

to
in Punjab .
Another Enabling
Power
→ not
Apply
.

To Apply if They Exemption

want
-
Provisions /
Related
Publish
To Registration in

9a3etteis.sys.s9y@z1P3yneseciepr.d
S""

official

,emeñd
to Are

Related "" gyp wit

'

Registrar does
to
Reg
if Apply Then
'"
not Area these A

Any sections be

cannot
extended
.