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Q.

What is Section 8 of Transfer of Property?

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Section 8 of Transfer of Property Act, 1882 outlines the operation of transfer. Let’s delve into its essence:

  • Operation of Transfer: Unless a different intention is expressed or necessarily implied, a transfer of property immediately conveys to the transferee all the interest that the transferor is currently capable of passing in the property and its legal incidents.

    • These legal incidents include:

      • For

        land

        : The

        easements

        attached to it,

        rents

        , and

        profits

        accruing after the transfer, as well as all things

        attached to the earth

        .

      • For

        machinery attached to the earth

        : The

        movable parts

        thereof.

      • For a

        house

        : The

        easements

        attached to it,

        rent

        accruing after the transfer, and items like

        locks

        ,

        keys

        ,

        bars

        ,

        doors

        , and

        windows

        provided for permanent use with the house.

      • For a

        debt

        or other

        actionable claim

        : The

        securities

        related to it (except when they also pertain to other debts or claims not transferred to the transferee), but

        not arrears of interest

        accrued before the transfer.

      • For

        money

        or other

        property yielding income

        : The

        interest

        or

        income

        accruing after the transfer takes effect.

This is all about

section 8 of TPA.

Get your legal queries answered by expert lawyers at NoBroker Read more: What is Exchange under Transfer of Property Act  Need help with property registration and document verification? Contact NoBroker Legal experts to get end to end assistance here
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