CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES · (A) Transfer of Property, whether moveable or immoveable

Section 5: “Transfer of property” defined

In 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, ¹[or to himself] and one or more other living persons; and “to transfer property” is to perform such act.

²[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.]

Footnotes in the official text

1.Ins. by Act 20 of 1929, s. 6.
2.Added by s. 6, ibid.

Leading cases

Suraj Lamp and Industries (P) Ltd. v. State of Haryana (2011)Sale Agreement/General Power of Attorney/Will (GPA sale) transactions do not convey title or create any interest in immovable property; immovable property can be transferred only by a registered deed of conveyance.

Questions on this section

2 questions in 9 of our papers cite Section 5. Try these from the free papers:

1. For the purposes of Section 5 of the Transfer of Property Act, 1882, the expression "living person" includes:
2. Consider the following statements with reference to Section 5 of the Transfer of Property Act, 1882: 1. A transfer of property can be made directly to a person who is not in existence at the date of the transfer. 2. A transfer may convey property in present or in future. 3. A living person may transfer property to himself and one or more other living persons. Which of the statements given above is/are correct?

Practise questions on Transfer of Property Act