Transfer of Property Act Section 5 — “Transfer of property” defined

Summary

A transfer of property happens when a living person gives property to another living person, or to themselves, or to themselves along with others. This giving can happen right away or at some point in the future. The term "living person" also includes companies, associations, and groups of people, whether or not they are officially registered as a legal entity. However, this definition does not override any other existing laws that specifically deal with property transfers involving such companies or groups.

Official Text

In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, 2[or to himself] and one or more other living persons; and “to transfer property” is to perform such act. 3[In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.]

Related Judgments

• THE HON’BLE JUSTICE HARISH TANDON; THE HON’BLE JUSTICE KAUSIK CHANDA; vs Smt. Shyamali Manna & Ors, Mr. Suman Kumar Dutt., Mr. Suvasish Sengupt — Calcutta High Court (Kolkata Principal Seat) (2021)
• DATTATRAYA SHANKER MOTE & ORS. vs ANAND CHINTAMAN DATAR & ORS — Supreme Court of India (1974)
• UNION OF INDIA & ORS. vs DILEEP KUMAR SINGH — Supreme Court of India (2015)
• HINDUSTAN LEVER AND ANR. vs STATE OF MAHARASHTRA AND ANR — Supreme Court of India (2003)
• SMT. LAXMI DEVI vs SETHANI MUKAND KANWAR & TWO OTHERS — Supreme Court of India (1964)