Learner's Commentary on the Transfer of Property Act, 1882

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Description
The preamble to the Transfer of Property Act, 1882, declares that the said Act is intended to define and amend certain parts of the law relating to the transfer of property by the act of parties. Section 2 declares that the enactments shown in the schedule to the Act are repealed to the extent indicated therein. While Sections 5 to 37 of Chapter II relate to movable and immovable properties, Sections 38 to 53A, Chapters III, IV and V apply to immovable properties only. Chapters VI and VII concern movable and immovable properties, while Chapter VIII exclusively deals with actionable claims, which are incorporeal movable properties. It is provided in Section 2 that no provision of Chapter II shall affect any rule of Mohammedan law. Section 129 declares that nothing in Chapter VII shall be deemed to affect any rule of Mohammedan law.
From the early stages of my studies as a law student, I realised that the law of transfer of property is an important branch of law. It contains core principles of jurisprudence. However, many provisions of this enactment appeared challenging to comprehend, and reference to standard works on the subject was not always satisfying. The quest to understand this enactment, often perceived as complex, led to this work. I want to share with the legal fraternity what I have received and consider as important. Though I entertained the desire to do this work long ago, my judicial responsibilities prevented me from doing it earlier.
Firstly, I am ever grateful to the Divine Providence for the strength and guidance bestowed upon me throughout this endeavor.
Justice Pius C. Kuriakose took the time to consider and appreciate this work. His Lordship, who had an illustrious career as a lawyer and Judge, has championed the cause of continuing legal education, defying his age and difficulties. His Lordship encouraged me with great compassion and rendered all help in going ahead with this work.
My debt of gratitude to his Lordship, Justice P. B. Sureshkumar, cannot be put in words. Being a work on a subject otherwise perceived as complex, I needed somebody well-versed in civil law to read and give a critical appreciation. While deeply engrossed in heavy judicial work, his lordship has always shown a passion for the academics of law and made innovative contributions both as a distinguished lawyer and Judge.
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Table of Contents
Chapter 1. Preliminary
Chapter 2. Of Transfers of Property by Act of Parties
Chapter 3. Of Sales of Immoveable Property
Chapter 4. Of Mortage of Immovable Property and Charges
Chapter 5. Of Leases of Immoveable Property
Chapter 6. Of Exchanges
Chapter 7. Of Gifts
Chapter 8. Of Transfers of Actionable Claims
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Author Details
N. V. RAJU