Section 3 of Transfer of Property Act, 1882 serves as the interpretation clause. It provides definitions for several essential terms used within the Act. Let’s explore these definitions:
Immoveable Property: This term does not include standing timber, growing crops, or grass. Essentially, it refers to land, buildings, and other fixed assets that cannot be easily moved.
Instrument: In the context of the Act, an “instrument” refers to a non-testamentary document. It encompasses various legal documents related to property transactions.
Attested: When an instrument is “attested,” it means that it has been witnessed by two or more individuals. These witnesses must have seen the executant sign the instrument or received a personal acknowledgment of the signature. The specific form of attestation is not rigidly defined.
Registered: An instrument is considered “registered” when it has been officially recorded under the law governing document registration in the relevant territories.
Attached to the Earth: This term includes:
Trees and shrubs rooted in the earth.
Walls or buildings embedded in the earth.
Anything attached to such embedded structures for permanent beneficial enjoyment.
Actionable Claim: An actionable claim refers to a claim for any debt (other than a debt secured by a mortgage of immovable property or by hypothecation or pledge of moveable property) or any beneficial interest in movable property. Civil courts recognize such claims as grounds for relief, whether they are existent, accruing, conditional, or contingent.
Notice: A person is said to have notice of a fact when they actually know that fact. If they deliberately abstain from making an inquiry or search they should have made, or if they act with gross negligence, they are still deemed to have notice. Additionally, notice can be imputed to a person based on certain legal requirements, such as registration of property transactions.
Remember that these definitions play a crucial role in understanding property transactions and legal rights related to property ownership and transfers.
I hope
section 3 TPA is clear to you.
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What is Section 3 of Transfer of Property Act?
GIRI
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2024-01-02T10:57:18+00:00 2024-01-05T15:27:12+00:00Comment
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