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Section 5 – Transfer of Property Act 1882

Transfer of Property Act 1882

 

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.

 

1[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.]

 

COMMENTS

 

Right to Property

Right to obtain shares of a company is a “property” and the donee’s right to such shares cannot be thwarted only because such shares in the name of the donee was not entered into the register of the company; Vasudev Ram Chandra Shelat v. P.J. Thakkar, (1974) 2 SCC 323.

 

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1. Ins. by Act 20 of 1929, sec. 6.

 

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Transfer of Property Act 1882

 

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