Scope of The Transfer of Property Act, 1882

Scope of The Transfer of Property Act, 1882:-

1) By Act of Parties: The Transfer of Property Act applies to transfers by the act of parties. It does not regulate a transfer by operation of law, i.e., a transfer that is necessitated by order of a Court of law. Example: auction sale, forfeiture

2) Transfer Inter-Vivos: The Act deals with a transfer of property inter-vivos, i.e., a transfer between living persons. Thus, this Act does not cover the transmission of property under a will or through succession.

3) Applicability: Although this Act contains provisions for transferring movable properties, a major portion of the enactment applies to transferring immovable properties.

4) Applicability of Mohammadan Law: Chapter 2 of this Act does not affect the transfer by Mohammedans, even if it is against any of the provisions.

5) Territorial Limitation: It extends to the whole of Bangladesh.