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Section 8 – Transfer of Property Act 1882

Transfer of Property Act 1882

 

8. Operation of transfer.—

 

Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof.

 

Such incidents include, where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth; and, where the property is machinery attached to the earth, the moveable parts thereof; and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows, and all other things provided for permanent use therewith; and, where the property is a debt or other actionable claim, the securities therefor (except where they are also for other debts or claims not transferred to the transferee), but not arrears of interest accrued before the transfer;and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.

 

COMMENTS

There may be a presumption that when land is transferred, all things attached to the earth such as trees and shrubs, are also transferred alongwith the land in view of the provisions of section 8 read with section 3 of Transfer of Property Act. But there can be no presumption in a case of vice-versa; Vishwa Nath v. Ramraj, AIR 1991 All 193.

 

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Transfer of Property Act 1882

 

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