Analytical Study Of Section 5 Under The Transfer Of Property Act, 1882

Abstract

Section 5 of the Transfer of Property Act, 1882, plays a pivotal role in defining the scope and conditions for the transfer of property. This section stipulates that the term "transfer of property" includes the sale, exchange, mortgage, lease, and gift of property. It establishes that such transfers can be made inter vivos (between living persons) or through a will, and they may encompass both tangible and intangible properties. Section 5 essentially lays the groundwork for the subsequent provisions of the Act by comprehensively categorizing the various modes of property transfer and emphasizing the importance of legal formalities and intent in these transactions. This foundational provision ensures clarity and consistency in property transactions and legal disputes related to property rights under Indian law.