A Textbook on Transfer of Property Law

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Description
A flashback into our history makes it clear as to how property once used to be a public affair, and the societies were completely unaware of the idea of private property. However today we have come to a time, where the ownership of property has become the most essential part of our social order and marks the very age of development and growth. This evolution has taken much time, and has also given way to a number of concerns relating to property, its ownership and transfer. Therefore, in the present time, it is ever more significant to understand the concept and laws relating to property. Keeping in mind the same idea, this book deals with the property laws in India. The first Law Commission, drafted the Transfer of Property Act where Lord Romilly MR, Sir Edward Rayan, Lord Sherbrooke, Sir Robert Lush and Sir John Macleod were the prominent role players. The Transfer of Property Act was drafted in 1870 and was sent to The Duke of Argyll, in India who was the then Secretary for State of India. After certain amendments, it was introduced as a Bill in the Legislative Council in 1877. Thereafter the Bill was referred to a select Committee where it was revised and circulated among the public for evaluation and criticism. As a result several matters that were not directly related to transfer inter vivos were dropped out. The provisions concerning local laws and usages were saved by adding some new clause. The redrafted Bill was sent to the second Law Commission which, in its report of 1879 stated that, 'The function of the Bill was to strip the English law of all that was local and historical, and to mould the residue into a shape in which it would be suitable for an Indian population and could easily be administered by non- professional judges.
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Contents
Chapter I :    Preliminary
Chapter II :    Of Transfers of Property By Act Of Parties
Chapter III :    Of Sales of Immovable Property
Chapter IV :    of Mortgages Of Immovable Property And Charges
Chapter V :    of Leases Of Immovable Property
Chapter VII :    Of Gifts
Chapter VIII :    of Transfers of Actionable Claims
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Author Details
SHRINIWAS GUPTA, Former Reader/ Associate professor(law) Sri jai Narain
PG College, Lucknow University Lucknow
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