• To be a living or juristic person: For a transfer of property, there must be a transfer between living or a juristic person. In Shiromanigurudwara Prabhakar committee, Amritsar v. Sri Somnath Dass (2000) the court defines a juristic person which can be an individual firm, corporate, company society, association, but not a partnership. Anyone who can sue or can be sued would satisfy this requirement.
  • Transfer through Conveyance: Conveyance of property can be either done in the present or in the future. It is necessary to ensure nothing is transferred before the title.
  • The Property must be transferable: According to Section 6 of transfer of property Act, 1882 there are properties which cannot be transferred:
  1. The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature cannot be transferred.
  2. The mere right to re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner.
  3. The easement right cannot be transferred.
  4. The interest of the property restricted in its enjoyment to the owner cannot be transferred.
  5. Political pensions, public office, the salary of the public officer cannot be transferred.
  6. The right to sue cannot be transferred.
  7. Stipends to military, navy or the airforce, political pensioners, and civil pensioners cannot be transferred.
  8. No transfer cannot be made as opposed to the natural interest or if the object or the consideration is unlawful then the transfer cannot be held valid.
  9. The right to future maintenance cannot be transferred.
  10. Tenants having an untransferable right to occupancy, the farmer of an estate in respect of which default has been made in paying revenue or lessee of an estate under the management of the court of wards, to assign his interest as the tenant, farmer, or lessee.
  • Transfer of property must be done by a competent person: For a valid transfer, it is necessary that the property transferred should be of a sound mind, should not be intoxicated, must be a major or he is not a person disqualified by law cannot enter into a contract of transfer of property with another person.
  • The transfer should be made in a prescribed form: The transfer of property need not be in  be made in writing however certain property to transfer then it must be in writing:
  1. Sale of movable property value more than a hundred rupees.
  2. Sale of intangible must be in a written format.
  3. All mortgages which are more than a hundred rupees should be transferred in a written form.
  4. The transfer of actionable claims must be in a written form.
  5. A gift in a form of immovable property.
  6. Lease of immovable property exceeding more than one year.
  • The rule against perpetually: It is necessary that the property must be transferred during the lifetime of an individual perpetuity rule should not be followed during the time of transfer of property.
  • Property cannot be transferred to an unborn child:  A property cannot be transferred to an unborn child necessary to consider that while transferring the interest of the property person should be above the age of 18 years.

Conditional transfer of property: Under Section 25 of the transfer of property Act, 1882, the property can be transferred complying to the condition mentioned. If the condition becomes impossible, forbidden by law, opposed to public policy, or is immoral the transfer would be held void.

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