?> Transfer of Property Act – SILS

Transfer of Property Act

Appreciating Section 7 Transfer of Property Act Competency, Entitlement and Authorisation are there terms used in this provision. It reflects that anybody or everybody has no capacity to make the transfer. Competency has to be in a person to make a transfer. We are well aware that for entering into a contract, a person must be competent and so is the case in making the transfer. Every person is not capable of making transfer if he suffers from minority, insanity, etc. Attached to this is Entitlement, because only a competent person may be entitled to transfer. If a person is not competent, he cannot be entitled. In addition, a competent person must be either the owner of the property or an authorized person to make transfer. In the case of immovable property, if a person is not an owner, he is not entitled to make the transfer. If he has the authority he can make the transfer. There are many instances where unauthorized persons make transfer which is prima-facie illegal.


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