Section 8 of Transfer of Property Act, 1882
Section 8 - Operation of Transfer under TPA
Section 8- TPA , 1882
Section 7 - Person Competent to transfer
• Section 7 of Transfer ...
This Video covers the topics-
Section 8 (Bare Act Defination)
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.
A) Land
Where property to be transferred is land its legal incidents will include:(i) Easement attached to it like Right of way, Right to air, Right to build, Right to uninterrupted flow of water etc. (ii) Rent & Profit occurring after the Transfer(iii) All the things attached to the earth like all the houses, structure and trees standing on the land are transferred along to the land by necessary implication.
B) Machinery
The incidents of machinery includes all the movable parts of the machinery like nuts, bolts, etc.
Where machinery is attached to the earth, it is transferred along with the land transferred.
C) House
Legal incidents of a house includes:
(i) An easement annexed with it like Right of way, Right of light,Right of water etc.
(ii) Rent & Profits Occurring After the transfer
(iv) Locks, keys, windows & all the other things provided with it for permanent use
D) Debt
Where property transferred is a debt or an actionable claim, securities of it will also pass to the transferee as legal incident of the property .
In this section, "Debt" refers to only those debts which come within the general definition of actionable claims.
E) Money
Where the property to be transferred is money or other property yielding money its legal incidents will include its income and interests occurring after the transfer
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Case Laws Discussed in the video -
Bishwanath Prasad Singh vs. Rajendra Singh, Air 2006
The object of this section is to clearly define what are the legal incidents of each particular class of property which pass along with the property when it is transferred.
Ram Chandra vs. Kalyan Singh, AIR 2006
Trees were planted on land in question subsequent to the agreement ,the seller objected saying that standing trees could not be transferred in execution proceedings, this was held to be not tenable as under section 8 that property also passes to the transferee which is capable of passing with the land.
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Adv. Rahul Chauhan.
10 май 2021
