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Necessary Amendments To The Transfer of Property Act 1882.: Dr. (MRS.) Kiran Kori

The document discusses necessary amendments to the Transfer of Property Act 1882 in India. It suggests that the Act should be amended to (1) introduce mandatory registration for all property transfers, (2) clarify the legal status of electronic documents for property transfers, and (3) address the issue of delayed possession for property buyers. The document provides additional details on proposed amendments related to registration of common areas, strengthening lease agreement provisions, and providing greater protections for transferees and borrowers under certain sections of the Act. In conclusion, it states that regular reviews of the Act are needed to ensure it remains effective in protecting property rights in India.

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Anirudh Dewangan SEC-A 2021
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© © All Rights Reserved
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54 views

Necessary Amendments To The Transfer of Property Act 1882.: Dr. (MRS.) Kiran Kori

The document discusses necessary amendments to the Transfer of Property Act 1882 in India. It suggests that the Act should be amended to (1) introduce mandatory registration for all property transfers, (2) clarify the legal status of electronic documents for property transfers, and (3) address the issue of delayed possession for property buyers. The document provides additional details on proposed amendments related to registration of common areas, strengthening lease agreement provisions, and providing greater protections for transferees and borrowers under certain sections of the Act. In conclusion, it states that regular reviews of the Act are needed to ensure it remains effective in protecting property rights in India.

Uploaded by

Anirudh Dewangan SEC-A 2021
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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NECESSARY AMENDMENTS TO THE TRANSFER OF

PROPERTY ACT 1882.

Submitted to:

Dr. (Mrs.) Kiran Kori

(Faculty, Property Law)

Submitted by:

Anirudh Dewangan

(Semester 4, Section A, Roll No. 19)

HIDAYATULLAH NATIONAL LAW UNIVERSITY


Uparwara Post, Opp. Jungle Safari,

Atal Nagar, District Raipur

Chhattisgarh, 492002
The Transfer of Property Act, 1882 (TPA) is a key legislation that regulates the transfer of
property in India. The Act provides for the transfer of both immovable and movable property
and lays down the rules and procedures for transferring property from one party to another.
However, the Act was enacted more than a century ago and is in dire need of amendments to
address the challenges and gaps that have emerged over time.

In this article, we will discuss the necessary amendments to the Transfer of Property
Act, 1882.

1. Introducing a mandatory registration process for all types of transfers


One of the key challenges faced by the TPA is the lack of clarity on the registration
process for various types of property transfers. Currently, only certain types of
transfers such as sale, mortgage, lease, and gift are required to be registered.
However, there are several other types of transfers that are not covered by the Act. To
address this gap, the TPA should be amended to introduce a mandatory registration
process for all types of property transfers, including transfers by inheritance, bequest,
and will.

2. Clarifying the legal status of electronic documents:


With the advancement of technology, the use of electronic documents for property
transfers has become increasingly common. However, the TPA does not provide
clarity on the legal status of electronic documents. To address this gap, the TPA
should be amended to explicitly recognize electronic documents as valid instruments
for property transfers. This would give legal validity to electronic documents and
make it easier for parties to execute property transfers using digital platforms.

3. Addressing the issue of delayed possession:


One of the most common grievances of property buyers is delayed possession. The
TPA does not provide adequate provisions to address this issue. To address this, the
TPA should be amended to include provisions that allow for penalties to be levied on
developers for delayed possession. The Act should also include provisions for the
refund of the entire amount paid by the buyer in case of substantial delays.
4. Providing for the registration of common areas:
The TPA does not provide for the registration of common areas in residential and
commercial complexes. This has led to legal disputes and confusion over ownership
rights. To address this, the TPA should be amended to provide for the registration of
common areas in residential and commercial complexes. This would provide clarity
on ownership rights and prevent disputes over common areas.

5. Strengthening the provisions for lease agreements:


The TPA provides for the regulation of lease agreements. However, the Act does not
provide adequate provisions for the protection of the interests of both landlords and
tenants. To address this, the TPA should be amended to include provisions for the
protection of the interests of both landlords and tenants. The Act should also include
provisions for the resolution of disputes arising out of lease agreements.

6. Amendment to Section 53A:


Section 53A of the Transfer of Property Act provides protection to the transferee of a
property who has taken possession of the property even if the transfer is not
registered. However, this protection is limited to cases where the transferee has paid
the full consideration for the property. The section should be amended to provide
protection to the transferee even in cases where the consideration is not fully paid.

Example: A enters into an agreement to sell a property to B for Rs. 50 lakhs. B pays Rs. 25
lakhs and takes possession of the property, but is unable to pay the remaining Rs. 25 lakhs
due to financial difficulties. A then sells the property to C without B's consent. If Section 53A
is amended to provide protection to B, B will have a legal right to claim ownership of the
property.
7. Amendment to Section 58A:
Section 58A of the Transfer of Property Act provides for the creation of a mortgage
by deposit of title deeds. However, this provision is often misused by lenders to cheat
borrowers. The section should be amended to provide greater protection to borrowers.

Example: A borrows Rs. 10 lakhs from B and deposits the title deeds of his property as
security. B then sells the property to C without A's consent. If Section 58A is amended to
provide greater protection to A, A will have a legal right to claim ownership of the property.

In conclusion,

These are just a few suggested amendments to the Transfer of Property Act 1882. The act
should be reviewed regularly to ensure that it remains relevant and effective in protecting the
rights of property owners and buyers in India.

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