General principles of transfer of property

A builder in Thane sells a flat to a buyer, then a few months later sells the same flat to someone else. A father gives his land to his daughter, but only if she never sells it. A grandfather leaves money to a grandchild who has not been born yet. In each case the question is the same: what will the law allow the transferor to do, and what will it undo? Sections 5 to 53A of the Transfer of Property Act answer that question before any specific transaction, sale, mortgage, lease or gift, is even considered.

In two minutes

The general principles in ss.5-53A say what can be transferred, who can transfer it, what conditions and time limits a transfer may carry, and how the law protects buyers and creditors when title or timing is disputed.

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