Legal Guide

What is Section 3 of the Transfer of Property Act?

by Bhavya Choudhary · 4 min read

Section 3 of Transfer of Property Act

Introduction

  • A property has impressive worth in an individual’s life — esteem that reaches beyond just monetary, physical, and profound contemplations. It does not just offer us a feeling of economic worth, yet it likewise provides us with a sense of steadiness and security.
  • Nonetheless, there are circumstances when individuals should move their assets to another person in light of multiple factors, like the deed of gifts. In the existence of people, a property holds a lot of significant worth, monetarily and genuinely, yet inwardly.
  • Not just it gives a feeling of monetary worth yet additionally causes us to feel settled and secure. However, sometimes, individuals need to move these properties to somebody because of anything that reasons like deeds of gift.
  • More often than not, keep it inside the Family or might be to a nearby one. In the Transfer of Property Act 1882, the regulations regarding the exchange of property were examined thoroughly for all.
  • Section 3 of the Transfer of Property Act talks about the concept of Notice which we will see in detail as they are often dealt with in legal consultancy services.

What does Section 3 of the Transfer of Property Act say?

In section 3 of the Transfer of Property Act, there are seven definitions of the terms given, which we will discuss in detail –

1.     Immovable Property

  • The definition of immovable properties is given under section 3 of the Transfer of Property Act which does not include standing Timber growing crops or grass.
  • All these three items are said to be in the category of movable property, which concludes that the meaning of removable property is a fixed property and cannot be shifted from one place to another.
  • In one of the famous judgments, it was accepted that the fruit-bearing tree would not be considered a movable property because a tree itself is fixed to the land and cannot be shifted from one place to another. Still, the fruits of the tree will be considered movable property.

2.     Instrument

  • It is described as a nontestamentary document under Section 3 of the Transfer of Property Act.
  • A customary document, on the other hand, is the will of a person, so it concludes that the non-testamentary document is like any other document, which is not the same as the will.
  • Any document which is not the same as the nature of the wheel is called an instrument that is not proof of any transaction in the transfer of property, but it is itself a transaction.

3.     Attested

  • An instrument is the subject of attestation. It is done to confirm that the deed was correctly carried out by the appropriate party. The Transfer of Property (Amendment) Act 1926 included this term.
  • To attest, there must be two or more qualified witnesses. The executant must personally acknowledge his signature to each witness once they have each seen him sign the document. The executant must be present when each witness signs the document.
  • Both witnesses don’t have to be there at the same moment. No specific attestation format is required. A witness is not allowed to be a transferring party as per section 3 of the Transfer of Property Act.

4.     Registered

  • According to this definition, as per Section 3 of the Transfer of Property Act, a property must be legally registered in order to be considered registered, and the registration must be valid.
  • Additionally, the following conditions must be met for the registration to be valid: If the property description is insufficient to identify the property, if registration fraud occurred, if the property is not located in the same territory, or if the competent person failed to provide the deed.
  • Even if a vehicle, such as a two-wheeler or a four-wheeler, is moveable property, it must be registered together with other immovable property.

5.     Things attached to land

Section 3 of the Transfer of Property Act defines ‘things attached to Earth’ as Things with Earthly Roots:

  • This category contains all trees, shrubs, and similar plants, with the exception of standing wood, growing crops, and grasses. 
  • The tree will fall within the category of items rooted in the soil and, thus, in the immovable property if the objective is to keep it for an extended length of time without chopping it down for any other purpose.
  • Things buried in the earth include structures, wells, and other things. However, there are other objects that are embedded but are not immovable property, such as a ship’s anchor or a shovel that is temporarily put into the mud.

6.     Actionable claims

  • It is a defense against any debt. Since secured debts are not included in the definition of an actionable claim, as stated in Section 3 Of the Transfer of Property Act, an actionable claim must involve an unsecured obligation.
  • For instance, X owes Y 500 rupees. The debt of X is the subject of Y’s claim, which is actionable.
  • This obligation should not: Any loan that is backed by a mortgage on real estate, a pledge of personal property, or any other kind of beneficial interest in real estate.
  • Examples of such actionable claims include the following: Rent arrears claim that is actionable. Actionable Claim for Business Proceeds Actionable Claim for any Overdue Maintenance, etc.

7.     Notice

  • A notice is an information letter that can be expressed or implied for the communication related to the transfer of properties as per section 3 of the Transfer of Property Act.

Conclusion

Section 3 of the Transfer of Property Act talks about the interpretations of the various terms and definitions which will be used for a better understanding as per section 3 of the Transfer of Property Act. There are several words and terms which have been defined in it. All these matters of properties should be taken by a legal consultancy service.

In case of any dispute, one must consult a property lawyer as it involves a lot of technicalities.

Bhavya Choudhary

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Bhavya Choudhary

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