Judicial officers examination courses material / by Padala Rama Reddy and Padala Srinivasa Reddy V.2

Before 1882 in India there was no les pertaining to real property and the Principles of English Law and equity were followed to govern the Transfer of Property As Courts faced many difficulties as there was no Tiew to settle meh disputes an attempt was made to bring out a law in respect of transfer of property by a Law Commission appointed in England. The law relating to transfer of property was drafted in 1870 and finally it was passed into law on 17th February 1882. Subsequently, it was thoroughly revised in 1929 to overcome the conflicting judgments. Again amendments were made to this Act in 1947, 1950, 1956, 1959 According to Section 1 of T.P. Act, this Act came into force on 1st July, 1882 Section 2 has a saving clause which enunciates that the Act is not retrospective in operation and Section 2(d) lays down that it is not applicable to transfer of property Affected by operation of in execution of a decree or order of competent Court. It also further lays down that Chapter II does not apply to persons governed under Mohammedan law and it may be noted that before 1929, Hindus and Muslims were exempted from application of T.P. Act. But now they are governed by it.

According to the Preamble, the Act is restricted to the transfer of property by the acts of parties, however to certain types of transfers and this Act is inapplicable to transfers taking place by the operation of law and it expressly lays down that the Act has application only to the transfers intervivos.