Section 2 in The Transfer of Property Act, 1882
Title: Repeal of Acts.
In the territories to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall he deemed to affect—
(a) the provisions of any enactment not hereby expressly repealed;
(b) any terms or incidents of any contract or constitution of property which are consistent with the provisions of this Act, and arc allowed by the law for the time being in force;
(c) any right or liability arising out of a legal relation constituted before this Act comes into force, or any relief in respect of any such right or liability; or
(d) save as provided by section 57 and Chapter IV of this Act, any transfer by operation of law or by, or in execution of, a decree or order of a Court of competent jurisdiction;
and nothing in the second Chapter of this Act shall be deemed to affect any rule of 1*** Muhammadan 2*** law.
1. The word "Hindu" omitted by s. 3, ibid.
2. The words "or Buddhist" omitted by s. 3, ibid.
In this Act, unless there is something repugnant in the subject or context,--
"immoveable property" does not include standing timber, growing crops or grass; "instrument", means a non-testamentary instrument;
1["attested", in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgement of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary;]
"registered" means registered in 2[3[any part of the territories] to which this Act extends] under the laws4 for the time being in force regulating the registration of documents;
"attached to the earth" means—
(a) rooted in the earth, as in the case of trees and shrubs;
(b) imbedded in the earth, as in the case of walls or buildings; or
(c) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached;
5["actionable claim" means a claim to any debt, other than a debt secured by mortgage of immoveable property or by hypothecation or pledge of moveable property, or to any beneficial interest in moveable property not in the possession, either actual or constructive, of the claimant, which the Civil Courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accuring, conditional or contingent;]
6["a person is said to have notice"] of a fact when he actually knows that fact, or when, but for wilful abstention from an enquiry or search which he ought to have made, or gross negligence, he would have known it.
Explanation 1.--Where any transaction relating to immovable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to have notice of such instrument as from the date of registration or, 7[where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the Indian Registration Act, 1908 (16 of 1908), from the earliest date on which any memorandum of such registered instrument has been filed by any Sub-Registrar within whose sub-district any part of the property which is being acquired, or of the property wherein a share or interest is being acquired, is situated:]
(1) the instrument has been registered and its registration completed in the manner prescribed by the Indian. Registration Act, 1908 (16 of 1908) and the rules made thereunder,
(2) the instrument 8[or memorandum] has been duly entered or filed, as the case may be, in books kept under section 51 of that Act, and
(3) the particulars regarding the transaction to which the instrument relates have been correctly entered in the indexes kept under section 55 of that Act.
Explanation II.--Any person acquiring any immoveable property or any share or interest in any such property shall be deemed to have notice of the title, if any, of any person who is for the time being in actual possession thereof.
Explanation III.--A person shall be deemed to have had notice of any fact if his agent acquires notice thereof whilst acting on his behalf in the course of business to which that fact is material:
Provided that, if the agent fraudulently conceals the fact, the principal shall not be charged with notice thereof as against any person who was a party to or otherwise cognizant of the fraud.]
1. Ins. by Act 27 of 1926, s. 2, as amended by Act 10 of 1927, s. 2 and Sch. 1.
2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for a Part A State or a Part C State (w.e.f. 1 -4-1951).
3. Subs. by the Adaptation of Laws (No. 2) Order 1956, for any State.
4. See the Indian Registration Act, 1908 (16 of 1908).
5. Ins. by Act 2 of 1900, s. 2.
6. Subs. by Act 20 of 1929, s. 4, for certain words.
7. Subs. by Act 5 of 1930, s. 2, for certain words.
8. Ins. by s. 2, ibid.
Title: Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
The Chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 (9 of 1872):
1[And sections 54, paragraphs 2 and 3, 59, 107 and 123, shall be read as supplemental to the Indian Registration Act, 2[1908 (16 of 1908).]]
1. Added by Act 3 of 1885, s. 3.
2. Subs. by Act 20 of 1929, s. 5, for "1877".
Title: “Transfer of property” defined.
1In the following sections transfer of property means an act by .which a living person conveys property, in present or in future, to one or more other living persons, or to himself, 2[or it himself] and one or more other living persons; and "to transfer property" is to perform such act.
3[in this section "living person" includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.]
1. Nothing in Chapter II is to be deemed to affect any rule of Muhammandan law--see s. 2, supra
2. Ins. by Act 20 of 1929, s. 6.
3. Added by s. 6, ibid.
Title: 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 any one 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.
1[(dd) 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[the Government] Government] and political pensions cannot be transferred.
(h) No transfer can be made (1) in so far as it opposed to the nature of the interest affected thereby, or] (2) 6[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.]
7[(i) Nothing in this section shall be deemed to authorise 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 lessee of an estate under the management of a court of Wards, to assign his interest as such tenant, farmer or lessee.]
1. Ins. by s. 7, ibid.
2. The words "for compensation for a fraud or for harm illegally caused" omitted by Act 2 of 1900, s. 3.
3. Ins. by Act 35 of 1934, s. 2 and the Schedule.
4. Ins. by Act 10 of 1927, s. 2 and the First Schedule.
5. The word "Government" successively adapted by the A.O. 1937 and the A.O. 1950 to read as above.
6. Subs. by Act 2 of 1900, s. 3, for "for an illegal purpose".
7. Added by Act 3 of 1885, s. 4.