The Transfer of Property Act deals with immovable property which is conveyed to a living person by the act of the parties and not by the operation of law.
So, does it mean that any judgment made by the Supreme Court or any other competent court does not fall under the preview of Transfer of Property Act?
The answer is ‘Yes’ because it only deals with acts of parties.
However, Section 2 of Transfer of Property Act, acts as a saving clause which we are going to read in later paragraphs.
Section 2, Clause (a) of Transfer of Property Act
It states that provisions of any enactment won’t be affected if it is not expressly repealed by the act.
This clause saves all those provisions of the enactment which were in existence before the enactment of this act.
Clause (b) of Transfer of Property Act
This clause states that if any term or incident of contract of the constitution of the property is not inconsistent with the act, then it shall be lawful.
Here the term ‘incident’ means anything naturally attached to the contract. For instance – A & B came into contract that A will provide a new bike to B. So, its naturally attached that A will also provide the required equipment of Bike to B.
Here the term ‘constitution of property’ of the contract means the nature of the contract.
Clause(c) of the aforementioned act
It states that the rights and liabilities created before the enactment of the aforesaid act will remain unaffected because the transfer of property act is prospective and not retrospective.
For instance – mortgage, sale, gift before the commencement of this act is valid.
Clause (d)
This clause provides that TPA is applicable only on transfer by the act of the parties and not by operation by law. Operation by law includes court sale, decree, forfeiture of property, insolvency, etc.
In addition, you need to remember that Mohammedan law prevails over the Transfer of Property Act.
