Law regarding Transfer of Property in India
Transfer of Property Act, 1882 ("TPA") governs the transfer of movable or immovable property between two living parties in India. This act runs side by side with the Indian succession laws but both these laws are a bit different. The main difference is that for a property to be transferred under TPA, both the parties have to be alive whereas, for a property to be transferred under Succession Act, one of the parties has to be deceased. Transfer of property is defined under Section 5 which means an act of conveyance of a property from one living person to another living person in the present or in the future. As per Section 6, any type of property can be transferred except for the following: 1. Succession of an heir-apparent to an estate, a relative obtaining legacy after the death of a kinsman or any other likely possibility which cannot be transferred; 2. A mere right of re-entry for breach of a condition cannot be transferred to anyone except the affected owner of the proper...