Living person
For Section 5 of the Transfer of Property Act, a living person includes a company or association or body of individuals, whether incorporated or not. Transfer of property is between living persons.
Explained
Section 5 of the Transfer of Property Act, 1882 defines transfer of property as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons. The second paragraph provides that in this section living person includes a company or association or body of individuals, whether incorporated or not, but this does not affect any law relating to transfer of property to or by companies, associations or bodies of individuals.
The expression marks the scope of the Act. It governs transfers inter vivos, between persons in existence, and not dispositions by will, which operate only on death and are governed by succession law. Because a juristic person such as a company, firm, society or unincorporated association is included, transfers by or to such bodies are transfers under the Act.
Since the transferee must be a living person, property cannot be transferred directly to a person not in existence at the date of transfer. An interest can be created for an unborn person only through a prior interest in favour of a living person: Section 13 requires that the interest for the unborn person must extend to the whole of the remaining interest of the transferor, and Section 20 provides that the unborn person acquires a vested interest on birth unless a contrary intention appears. A child in the womb is generally treated as in existence for this purpose.
The phrase also appears in the law of evidence: Section 45 of the BSA (earlier Section 51 of the Evidence Act) provides that whenever the opinion of any living person is relevant, the grounds on which it is based are also relevant. Examiners test the inclusion of unincorporated bodies, the bar on direct transfer to an unborn person, and Sections 13 and 20.
What the law says
[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.]
Defines transfer of property and living person
Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.
Illustration
A transfers property of which he is the owner to B in trust for A and his intended wife succesively for their lives, and, after the death of the survivor for the eldest son of the intended marriage for life, and after his death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A's remaining interest in the property.
Transfer for the benefit of an unborn person
Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary intention appear from the terms of the transfer, a vested interest, although he may not be entitled to the enjoyment thereof immediately on his birth.
Unborn person acquires vested interest on birth
Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.
Illustration.
An expert may give an account of experiments performed by him for the purpose of forming his opinion.
Grounds of opinion of a living person are relevant
Earlier law: IEA 51. Grounds of opinion, when relevant.
Example
Illustration to Section 13 of the TPA: A transfers property in trust for himself and his intended wife successively for life, then to their eldest son for life, then to A's second son. The eldest son's interest fails because it does not extend to A's whole remaining interest.
For the exam
- Section 5 TPA: transfer is by a living person to living persons (inter vivos).
- Living person includes companies and associations, incorporated or not.
- No direct transfer to an unborn person; only through a prior interest (Section 13).
- Unborn person gets a vested interest on birth (Section 20).
- Section 45 BSA: grounds of a living person's relevant opinion are relevant.
50 questions in the Law Maker question bank use this term. Practise Transfer of Property Act questions
Related terms
- Transfer of propertyUnder Section 5 of the TPA, an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons.
- Immovable propertyLand, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth. Defined inclusively in Section 3(26) of the General Clauses Act, 1897.
- GiftThe voluntary transfer of existing movable or immovable property without consideration by a donor to a donee, accepted by or on behalf of the donee during the donor's lifetime. Section 122 of the TPA.
- SaleA transfer of ownership in exchange for a price paid or promised or part-paid and part-promised (Section 54 of the TPA). Sale of goods is governed separately by Section 4 of the Sale of Goods Act, 1930.
- WillThe legal declaration of a testator's intention about his property, which he desires to take effect after his death (Section 2(h) of the Indian Succession Act, 1925).
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.