Documents

TPA..docx

Description
PROPERTY LAW FACULTY OF LAW Assignment on What may be transferred. Mirza Azhar Hussain IInd Year B.A.LLb(hons) self-finance Roll no. 29 En. No. 16-5180 Under supervision: prof. Qazi Usman sir. 1|Page JAMIA MILLIA ISLAMIA. ACKNOWLEDGEMENT I would like to express my special thanks of gratitude to my teacher Prof. Qazi usman sir. who gave me the golden opportunity to do this wonderful project
Categories
Published
of 20
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
Share
Transcript
  1 | Page JAMIA MILLIA ISLAMIA.   PROPERTY LAW FACULTY OF LAW Assignment on What may be transferred. Mirza Azhar Hussain II nd Year B.A.LLb(hons) self-finance Roll no. 29 En. No. 16-5180 Under supervision: prof. Qazi Usman sir.    2 | Page JAMIA MILLIA ISLAMIA.   ACKNOWLEDGEMENT I would like to express my special thanks of gratitude to my teacher Prof. Qazi usman sir. who gave me the golden opportunity to do this wonderful project on the topic, which also helped me in doing a lot of Research and I came to know so many new things. I am really thankful to them. Secondly, I would also like to my parents and friends who helped me a lot in finishing this  project within the limited time. I am making this project not only for marks but also increase my knowledge. I AM HIGHLY GRATEFUL INDEBTED TO THEM AND OWE MY SINCERE GRATITUDE TO THEM  3 | Page JAMIA MILLIA ISLAMIA.   Section 6 in the Transfer of Property Act, 1882 What may be transferred.- 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 an heir- 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 anyone   except the owner of the property affected thereby. (c) An easement cannot be transferred apart from the dominant heritage.   (d) An interest in property restricted in its enjoyment to the owner personally   Cannot be transferred by him. (dd) 1 [ A right to future maintenance, in whatsoever manner arising, secured or   Determined, cannot be transferred.] (e) A mere right to sue 2 [ cannot be transferred].   (f) A public office cannot be transferred, nor can the salary of a public officer,   Whether before or after it has become payable. (g) Stipends allowed to military 3 [ , naval], 4 [ air- force] and civil pensioners of 5 [ 1 Ins. by Act 20 of 1929, s. 6.   2 The words for compensation for a fraud or for harm illegally caused , omitted by Act 2 of 1900, s. 3.   3 3 Ins. by Act 35 of 1934, s. 2 and Sch    4 | Page JAMIA MILLIA ISLAMIA.   Government] and political pensions cannot be transferred. (h) No transfer can be made (1) in so far 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 (9 of 1872), or (3) to a person legally disqualified to be transferee.   (i) 6 [ 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 VasudevRamchandraShelatvsPranlalJayanandThakarandOrs on 17 July, 1974,  Supremecourt Legal or equitable, does not appear to be there. Section 6 of the T.P. Act justifies such a splitting up of rights constituting property in shares just as it is well recognised that rights of ownership of  property may be split up into a right to the Corpus and another to the usufruct of the property and then separately dealt with. [541C-E] M.P. Barucha&Anr.V. V. Sarabhai & Co. &Ors. 53 Indian Appeals P. 92 @ 97-98, relied on. Section 122 of the Transfer of PropertyAct defines a gift . Section Transfer of PropertyAct had to be read harmoniously with Sections 28 and 34 of the Companies Act, 1913. (4) Since material portions of the transfer form given in regulation 19 of Table A of the first Schedule of the Companies Act of 1913 were never filled in, the doctrine of substantial compliance with the required form could not come to the aid of the appellant. (5) The gift deed itself does not empower the donee to take any of those steps which remained to be taken to complete the 'transfer', so that the doctrine of implied authority would 4 4 Ins. by Act 10 of 1927, s. 2 and Sch. I.   5 The word Government successively subs. by the A. O. 1937 and the A. O. 1950 to read as above.   6 Added by Act 3 of 1885, Section 4.
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks