RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY, LUCKNOW

PROPERTY LAW I
PROJECT ON
TRANSFER OF PROPERTY ACT DEALS WITH
TRANSFER OF PROPERTY INTER VIVOS

SUBMITTED TO:

SUBMITTED

Dr. Radheyshyam Prasad

Shreya Khunteta

Assistant Professor (law)

Enrollmentno:140101132
B.A L.L.B(Hons) ,
5thSem

BY:

INTRODUCTION
Transfer of Property Act only deals with the transfers inter vivos and it does not include
testamentary transfers.
Section 5 of the act defines transfer of property which clearly says that the 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, or to himself and one or more living persons; and to
transfer property is to perform such act.
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.
The word transfer is defined with the reference to the word convey. This word in English
Law in its narrower and more usual sense refers to the transfer of an estate in land; but it is
sometimes used in a much wider sense to include any form of assurance inter vivos.

OBJECTIVE
To study what would be covered under the ambit of living person for the purposes of Transfer of
Property Act.

TENTATIVE CHAPTERIZATION
SECTION 5
It defines transfer of property. In simple language transfer of property means an act by which a
living person conveys property in present or future to another living person.
Essentials of Section 5
1. An act
2. Living person
3. Conveys
4. Property
5. In present or future
INTER VIVOS

The expression inter vivos refers to transfer or conveyance of the property from one living
person to another. Thus it is an act between two living persons who are parties to such
transaction, which takes place between two. That is also the crux of the Section 5 of the Transfer
of Property Act.
CASE LAWS
Usha Rani Kundu v. Agradut Sangha and other, AIR 2006 (NOC) 911 Cal.
Where property was acquired by or transferred in favor of Secretary of unregistered Society or
Club, Secretary of unregistered Club or Society has no legal status to hold or acquire the
property in question because Secretary of unregistered Society or Club cannot come within
the definition of living person within the meaning of Section 5 of the Act.
Ashrafi Devi v. Prem Chand, AIR 1971 All. 457 (464)
A deity is not included in the definition of person in Section 5 of the Act. If a deity is not a
person, the provisions of the Act including Section 3 do not govern a transfer of
property made in favor of a deity.
Pramatha Nath v. Jai Indra Bahadur Singh, (1919) 46 IA 228; 42 All. 158; AIR 1919
PC 55.
An idol is a juristic person capable of holding property, but it is not a living person. An
idol not being a living person, a dedication of land to an idol does not fall within the terms of
Section 122 and need not be made in writing or by a registered instrument under Section
123 of the Act.
Narasimha v. Venkatalingum, (1927) Mad. 687.
An idol is only the symbol of the deity and that it would be contrary to the Hindu religion that a
deity make an acceptance of worldly goods.
Bhupati Nath v. Ram Lal, (1910) 37 Cal. 128
A full bench of the Calcutta High Court dealing with a Hindu will, held that the principle of
Hindu Law which invalidates a gift other than to a sentiment being capable of accepting

it does not apply to a bequest to the trustees for the establishment of an image and the
worship of a Hindu deity after the ancestors death nor does it make such a bequest void.
Raghubar Singh v. Jai Indira Bahadur Singh, AIR 1919 PC 55
Court has not been regarded as living person therefore; transfer made by the order to the Court
is not a transfer of property within the meaning of Section 5 of the Transfer of Property
Act.

BIBLIOGRAPHY
Mulla, The Transfer of Property Act, 9th Ed., LexisNexis Butterworths, 2004.
Sinha, Dr.R.K., The Transfer of Property Act, 11th Ed., Central Law Agency, Allahabad,
2010
Row, Sanjiva, The Transfer of Property Act, 4th Ed., Vol. 1, The Law Book Company (P)
Ltd., Allahabad, 1989.
Vakil, Darashaw J., Commentaries on the Transfer of Property Act, 2 nd Ed., Wadhwa and
Company Nagpur, New Delhi, 2004.