This Act lays down certain general principles as to transfer of property which has to be followed. (hereinafter referred to as the principal Act), the following section shall be substituted, namely:- ―106. Section 105 states the definition of a lease which states that it is a transfer of immovable property for a particular time period for a consideration of which the transferee has accepted the terms surrounding the agreement. The Transfer of Property Act, 1882, was passed with the purpose of making transfer of property easier and makes it accessible to the population at large. Section 105 states the definition of a lease which states that it is a transfer of immovable property for a particular time period for a consideration of which the transferee has accepted the terms surrounding the agreement. (for example, A sells his property to B and on due date makes the payment and collects the property back from C and so there are two sale transactions). The principle of section 53 is based on the rule of justice, equity and good conscience. Under Section 108 of the said Act, the lee is entitled to be put in possession of the property. Election means right of Choosing between presumptive alternatives i.e. Lis Pendens is captured under Section 52 of the Transfer of Property Act, 1882 (the “Act”). Definition of Lease.
For section 106 of the Transfer of Property Act, 1882 (4 of 1882.) .....Section 105 of the Transfer of Property Act defines a lease of immovable property as a transfer of a right to enjoy such property made for a certain time in consideration for a prior paid or promised. Transfer of property defined.
TRANSFER OF PROPERTY 2.
Section 5 of T.P. English mortgage Here the mortgagor transfer the property to the mortgagee and upon completion of the time gets the property back in his own name. A lease is, therefore, a transfer of an interest in land. The section enumerates fraudulent transfer.
Act defines Transfer of Property and by bare reading of the section it can be understood that the same means an act by which a living person conveys property in present or in future to one or more living persons, (including/excluding) himself. Section 3 of the Act is the Interpretation-clause, which provides for the meaning of key terminologies – Immovable property – does not include standing timber, growing crops or grass,; Instrument – means a non-testamentary instrument.The instrument is a written document, a formal or legal document in writing, such as a contract, deed, bond or lease or anything reduced to writing. Transfer of property 1.
Transfer of Property means an act by which a living person can conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more or other living persons, and to transfer property is to perform such act.
In the following sections 'Transfer of Property' means and act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or to himself] and one or more other living persons: and 'to transfer property' is to perform such act.
The doctrine of Lis Pendens esstentially aims at (i) avoiding endless litigation, (ii) protecting either party to the litigation against the act of the other, (iii) avoiding abuse of legal process.
The act of transfer may be done in the present or for the future. Introduction According to the Transfer of Property Act 1882, “Transfer of Property“ means an act by which a person conveys property to one or more persons.
5. A transfer made with intention to defeat any right of the transferee or of any other person interested therein is called fraudulent transfer of property. The Section …