The TPA bare Act (1882) is the Indian law governing property transfer from one person to another. It specifies the legal requirements for such transfers and provides for both parties' rights and liabilities. Property transfer can be in the form of a sale, gift, mortgage, or lease. Additionally, the Act applies to both movable and immovable property.
As per Section 7 of the TPA bare Act, all individuals who are competent to enter into an agreement and possess any transferable property or have the authority to dispose of transferable property not owned by them can transfer such property in its entirety or partially, either unconditionally or with certain conditions, as per the regulations laid down by the relevant laws in force. To be eligible to enter into a contract as per the Indian Contract Act 1872, an individual must be at least 18 years of age and have a sound mental condition.
1. Delivery of Possession: The Act requires that property transfer include possession delivery. It means the transferor must give the transferee physical possession of the property. This requirement is essential for the validity of the transfer and must be met for the transfer to be legally recognised.
2. Capacity to Transfer: The Act specifies that only those who can lawfully transfer property can do so. Those who have attained legal adulthood, possess full mental capacity, and are not legally prohibited from transferring property are considered "competent, competent, and eligible individuals" under the law.
3. Mode of Transfer: The Act also specifies which modes of transfer are valid and which are not. The modes of transfer recognised by the Act include sale, gift, mortgage, and lease. Any other form of transfer is not legally recognised.
4. Registration of Document: The Act requires that the transfer of property must be documented and registered with the appropriate authorities. It ensures that the transfer is legally binding and that the rights of both parties are protected.
5. Performance of Contract: Under the Act, the transferor is legally obligated to meet all sales agreement terms. It includes passing over custody of the items, paying any payments due, and providing any required paperwork. A breach of contract will result in possible legal action if this is not done. When agreeing to the terms of a contract, it is crucial that both parties fully grasp them and then adhere to them. The contract terms must be met by both parties to prevent legal action.