Object of the Transfer of Property Act, 1882

This chief object of the Transfer of Property Act are two-folds. First to bring the rules whose regulate the transmission of property between living person into harmony with the rule affecting each devolution upon death and thus to the complement the work that commenced with the framing of the law of intestate and testamentary succession. Secondly to complete the code of law of contract, so fary as relates to immovable property.

The following are the object of The Transfer of Property Act, 1882 :-

1) One of the object of the Act was to render the system of transfer of immovable property or system of public transfer. Registration is, therefore, generally insisted upon for completing a transfer accept in cases of transaction of small value.
2) Another object of the Act was to render more simple and efficient the law relating to mortgage. Section 60 of the T.P Act recognize the mortgagor's right redeem and his right has not been made subject to a contract to the contrary. Full effect being thus given to the equitable maxim "Once a mortgage always a mortgage".
3) Another and even more important object of the T.P Act was to bring the rules which regulate the transmission of property between living person into harmony with the rule effecting its disposition by testament and thus to provide the necessary compliment to the succession Act 1925. With this view the rules of the succession Act as to contingent and conditional bequest, have been applied mutatis mutandis to transfer inter vivos.

The Preamble of the Transfer of the Property Act, 1882 reads thus, "An Act to amend the law relating to the transfer of property by act of parties.

Salient features of Transfer of Property Act, 1882 :-

The Transfer of Property Act, 1882 is one of the earliest Act. The following are the some important features of the Act :-

1) The Transfer Property Act contains 8 chapter consisting of 137 section along with one schedule which consist the repealed statue and regulation. 

2) The Act is aimed at amending the law relating to the transfer of property by the act of parties.

3) Section 1 provides that The Transfer of Property Act, 1882 come into force on the 1 st day of July 1882 and it extend to the whole of India with some exceptions noted in it.

4) Section 2 of the Act repeals certain enactments incident, rights, liabilities etc. subject to exceptions as contemplated therein.

5) Section 3 defines and explains the terms and concepts used in the Acts such as immovable property, instrument, attested, registered, attached to earth, actionable claim and a person is said to have notice. 

6) Chapter- II consisting section 5 to 53A explains various aspects of transfer of property act of parties.

7) The Act defines "Transfer of Property"(Section-5) and explain what may be transferred(Section-6) person competent to transfer(Section-7) operation of transfer(Section-8), types of transfer, transfer to unborn child, vested and contingent interest, election (Section 9 to 37).

8) The Act while dealing with transfer of immovable property embodies aspect like transfer by ostensible owner, or unauthorized person or by co-owner and joint transfer and the implication arising out of the same (Section 38 to 53A).