Tuesday 17 June 2014

Scope of the Act ( TP )


The scope of the TP Act is limited.
It does not cover the entire dimension of transfer of property.
The Act applies to transfers by act of parties.
It does not regulate a transfer by operation of law i.e.
-Insolvency declared by court, Inheritance.
-Forfeiture or Sale in execution of decree
 The Act applies only to transfers  inter vivos i.e. transfer by one living person to another living person.
A transfer of property which takes place under a will or succession is not covered by this Act.
A major portion of the enactment is applicable to the transfer of immovable of property.
It saves the rules of Mohammedan Law.

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