Section 5 of transfer of property act
What is Section of the Act? Transfer of property” defined. In this section “living person” includes a company or association or body of individuals, whether. One cannot transfer a property to himself. But, one can transfer a property to himself in some other capacity.
It contains the meaning of this whole act ie.
The expression mentioned above “in present or in future” is deriving the meaning of the word ‘deliver’. The transfer of property as defined under Section is an act between two living persons. Thus the conveyance of the property must be from one living person to another living person.
However transferee need not be a competent person like transferor. Schedule to that Act. A transferee may be a minor, insane or child in mother’s womb.
Nothing in this section shall apply in relation to contracts made before this section comes into force. The act in section defines the phrase transfer of property.
According to the act immovable property does not include standing timber, growing crops, or grass. TRANSFER OF PROPERTY 2. The act of transfer may be done in the present or for the future. The need for a deed when dealing with land. It will operate on any interest which the transferor may acquire in such property. To one or more other living persons, or 2. Property of any kind may be transferre except as otherwise provided by this Act or by any other law for the time being in force,- (a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred.
Repeal of Acts-Saving of certain enactments, incidents, rights, liabilities, etc. There cannot be a direct transfer to a person who is not in existence or is unborn. This is the reason why section uses the expression transfer ‘for the benefit of’ and not transfer ‘to’ unborn person. But nothing herein contained shall be deemed to affect-.
It may be transfer present or in future. Immoveable property must be transferable. It says to transfer property to an unborn chil a prior interest has to be created. Example - you are a tenant - your landlord has a property - he has lots of different rights of access to get to the property.
He excludes section from the lease he has granted you but gives you an express right of access over a particular route. View Property Law_First Internal_SEM 4_25_01_19.
Quizlet flashcards, activities and games help you improve your grades. Rents Law-A Member of a tenant co-partnership Housing. Section does not prevent or limit claims for damages.
An Act to restrict the purchase or transfer of residential properties (including vacant land) to citizens of Singapore and approved purchasers, and to provide for matters connected therewith.
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