Section 3 in The Transfer of Property Act, 1882. Property of different kinds is dealt with differently. The Transfer of Property Act 1882 is an Indian legislation which regulates the transfer of property in India. A Transfer of Property is a contract hence all necessary requirements to constitute valid contract are to be fulfilled. Section 100 of the Transfer of Property Act, 1882(henceforth referred as “the Act”) defines a charge. As the Act itself does not deal with testamentary transfers (wills etc. Section 13 of the Act refers to ‘Transfer for benefit of unborn person’. Section 3 of the Transfer of the Property Act, 1882 is called the Interpretation clause for it explains the following terms. INTRODUCTION. The rule is that a person disposing of property to another shall not fetter the free disposition of that property in… Interpretation clause.—In this Act, unless there is something repugnant in the subject or context,— “immoveable property” does not include standing timber, growing crops or grass; ‘‘instrument” means a non-testamentary instrument; 1 [“attested”, in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses … In this Act, unless there is something repugnant in the subject or context,- "Immovable property" does not include standing timber, growing crops or grass; Properties and Rights which cannot be transferable under the Transfer of Property Act, 1882. Sale is an out-and-out transfer of property. Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act

For example in Contingent interest which is mentioned in Section 21 of the Transfer of Property Act, 1882 when the condition is put that A’s land which is transferred to B will be transferred to C if B dies. (h) No transfer can be made (1) insofar as it is opposed to the nature of the interest affected thereby, or (2) for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872 (9 of 1872), or (3) to a person legally disqualified to be transferee. This section is subject to rules which are present in the sections 10,12,21,22,23,24,25 and 27 of the Transfer of Property Act,1882. This Section is an attempt to import into India what used to be known in England, “The rule of Double Possibilities”. Section 34 of the Transfer of Property Act, 1882 states about any transfer where on a condition, time is specified for the happening or non-happening of an act and on the failure of such condition, the interest of the property is to go to another person. Preamble. Land Transfer Act 1952: repealed, on 12 November 2018, by section 248(1) of the Land Transfer Act 2017 (2017 No 30).

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