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Object and Scope of Tpa

The Transfer of Property Act of 1882 was introduced to establish a uniform law governing the transfer of property by voluntary acts of parties in India. It was drafted by the First and Second Law Commissions to address the inadequacies of prior personal laws and practices derived from English common law. The Act defines and regulates the transfer of immovable property through 137 sections divided into 8 chapters. It aims to provide clarity around property transfers, complement contract law, and establish rules for inter-vivos transfers. However, its scope is limited as it does not apply to all property transfers or override inconsistent Muslim personal laws. The 1929 amendments further modified provisions around mortgages, registration requirements, and the doctrine of part performance.

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10K views

Object and Scope of Tpa

The Transfer of Property Act of 1882 was introduced to establish a uniform law governing the transfer of property by voluntary acts of parties in India. It was drafted by the First and Second Law Commissions to address the inadequacies of prior personal laws and practices derived from English common law. The Act defines and regulates the transfer of immovable property through 137 sections divided into 8 chapters. It aims to provide clarity around property transfers, complement contract law, and establish rules for inter-vivos transfers. However, its scope is limited as it does not apply to all property transfers or override inconsistent Muslim personal laws. The 1929 amendments further modified provisions around mortgages, registration requirements, and the doctrine of part performance.

Uploaded by

Adan Hooda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Q. Discuss the history, object and scope of the transfer of property act 1882.

Ans. Historical Background :- In India, the personal laws governed the transfer of property
assisted by orders of Courts under Civil Procedure Code before the Transfer of Property Act,
1882 came into existence. Transfer of movable goods was regulated to an extent by the Indian
Contract Act, 1872. For transfer of immovable property, the Anglo-Indian courts often turned to
principles of Justice, Equity and Good Conscience as it prevailed in England at the time. This
rarely did any good due to the vast differences in customs and society of the two countries. Of
course the rapidly growing commerce and infrastructure in the late nineteenth century lead to
more conflicts even in business. Thus, an immediate need was felt for a clear and pragmatic law
regarding property and transfers suited to India and its peculiar problems as well as to take care
of the potential economic problems. The task of drafting such legislation fell upon the First Law
Commission and was later referred to the Second Law Commission.

A Bill, finally presented to the Legislative Council, became a law on the 17 th of February 1882 and came
into force from 1st July of the same year. The Transfer of Property Act, 1882 mainly deals with transfer of
immovable property. It does not apply to transfers by the operation of law such as transfer of
immovable property necessitated by Order of Court for insolvency or forfeiture among others. The 137
sections contained within have been divided into 8 chapters.

OBJECTIVES

The Transfer of Property Act, 1882 (hereinafter referred to as the ‘T P Act, 1882’) was intended
to define and amend the existing laws and not to introduce any new principle. It applies only to
voluntary transfers. The following may be enumerated as the objectives of the Act:

a)      As per the preamble of the Act, the T P Act, 1882 is to amend or regulate the law relating
to transfer of property by the acts of the parties.

b)      The Act provides a clear, systematic and uniform law for the transfer of immovable
property.

c)      The Act completes the Code of Contract since it is an enacted law for transfers that take
place in furtherance of a contract.

d)      With provision for inter-vivos transfers, the T P Act, 1882 provides a law parallel to the
existing laws of testamentary and intestate transfers.

e)      The Act is not exhaustive and provides scope to apply the principles of Justice, Equity and
Good Conscience if a particular case is not governed by any provision of law.

 
SCOPE

Since the T P Act, 1882 is not a complete code of transfer of property; we can say its scope is
limited. The Act does not apply to all the transfers taking place in India.

a)      Limitation on Transfer: The Act applies to transfer by the act of parties and not by
application of law. Thus, its operations are limited to transfers by act of parties only except in a
few cases saved by Section 2 of the Act.

b)      Not Exhaustive: There are various kinds of property and various modes of transfer of
property. The Act does not incorporate rules for all modes of transfer in existence. The Act does
not even claim to be a complete code as apparent from omission of the term ‘consolidate’ from
its Preamble.

c)      Transfer of Immovable Property: The Act mainly deals with transfer of immovable
properties only.

d)      Exemption of Muslim Law: In case of a conflict between the T P Act, 1882 and rules of
Muslim Law, the latter will prevail. Section 2 of the Act does not affect inconsistent rules of
Muslim Law. Thus, a settlement made in perpetuity for the benefit of descendants of the settler is
a valid wakf (charitable gift) wherein there is an ultimate gift in favor of a charity.

e)      Exemption of Rights and Incidents: Certain incidents of a contract or the essential nature of
property are exemption from the operation of the Act by Section 2. The Act also saves certain
property rights. For example, the right to partition of immovable property is an incident of
property but this right is not affected by the provisions of the T P Act, 1882.

CHANGES MADE BY AMENDMENT ACT OF 1929

a)      The ‘Doctrine of Part Performance’ has been statutorily recognized and embodied in
Section 53A.

b)      After amendments, the T P Act, 1882 is in conformity with provisions of Indian
Registration Act.

c)      The Act was amended to exclude government grants from its purview.

d)      It provided that the procedural rules regarding mortgages were to be governed by Civil
Procedure Code.

e)      Sections 60A, 63A, 65A and 67A were included and the stand on mortgages was made
clearer. A mortgagor now had the power to make leases while a mortgagee’s right to
compensation for necessary improvements was recognized.

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