Transfer of Property Act 1882

This article is written by Amisha Gupta pursuing B.A.LL.B from George School of Law (Calcutta university). Immovable Property In section 3 the definition of immovable property is neither clear nor complete. it simply says that immovable property excludes standing timber, growing crops or grass. It is not clear as to what it includes. In any Act, if the meaning of any word is not given clearly, the meaning of that word may be found in the General Clauses Act, 1897, if given there. According to section 4 of the General Clauses Act, immovable property includes land, benefits to arise out of land and, things attached to the earth. The definition of immovable property given in the general clauses act is applicable to the Transfer of Property Act. Immovable property includes - (1). Land :  It means surface of the earth . It includes everything upon the surface of the land under the surface of the land and also above the surface of the land.  E.g.- soil or mud deposition, pond ,lake ...

  This article has been written by a Law student of 5th semester, Amisha Gupta from George School of Law (Calcutta University).  Transfer for the benefit of unborn person As stated in Section 13 of Transfer of Property Act 1882, where, on a Transfer of Property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property. Illustrations : 1) A  transfer property of which he is the owner, to B , in trust for A and his intended wife successively for their lives and, after the death of the survivor, for the eldest son of the intended marriage for life, and after the death for A's second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of...