Answer :-
Section 7 of the Transfer of Property
Act lays down as to who are competent
to transfer . This section is silent about
the persons in favour of whom transfer
can be made .
Section 7 says that every person –
i) competent to contract under section
11 of the Indian Contract Act and
ii) entitled to transferable property , or
iii) authorized to dispose of transferable
property which is not his own ,
is competent to transfer such property ,
i) either wholly or partly , and
ii) either absolutely or conditionally .
According to Section 11 of the Indian
Contract Act , 1872, a person is
competent to contract if he is –
i) of the age of majority,
ii) of sound mind and
iii) is not otherwise disqualified from
contracting by any law . A person who
is competent to contract is competent
to transfer a property .
So minority and insanity are legal
inabilities . That apart , a judgment
debtor , whose property is sold in
execution of a decree , is legally
disqualified to transfer the property
sold in execution of a decree .
Similarly , where a person’s properties
are under management of Court of
Wards , he is legally disqualified to
transfer any interest in his property or
create a charge over it .
Section 7 meant to say that the Karta of
a Hindu Joint family , a guardian , an
executor or administrator , a trustee , a
person holding power of attorney to
transfer and so on are the persons
authorized to dispose of transferable
property which is not his own .
But there is nothing in the Transfer of
Property Act to nullify a transfer in
favour of a minor or a lunatic . A minor
or a lunatic can be a mortgagee
provided there is no covenant for him to
perform. A minor or a lunatic may be a
purchaser provided the sale does not
impose any obligation upon him . Or a
minor or a lunatic may be done of a gift
provided the gift is not onerous .
Section 6 of the Transfer of Property
Act lays down three types of persons
who can not assign their interest . Thus
---
a) A tenant having an untransferable
right of occupancy cannot assign his
interest as such tenant .
b) The farmer of an estate in respect of
which default has been made in paying
revenue , can not assign his interest as
such farmer .
c) The lessee of an estate under the
management of a Court of Wards can
not assign his interest as such lessee .
So a tenant and the farmer or lessee
can not transfer interest , in certain
circumstances .
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Books
Section 7 of the Transfer of Property
Act lays down as to who are competent
to transfer . This section is silent about
the persons in favour of whom transfer
can be made .
Section 7 says that every person –
i) competent to contract under section
11 of the Indian Contract Act and
ii) entitled to transferable property , or
iii) authorized to dispose of transferable
property which is not his own ,
is competent to transfer such property ,
i) either wholly or partly , and
ii) either absolutely or conditionally .
According to Section 11 of the Indian
Contract Act , 1872, a person is
competent to contract if he is –
i) of the age of majority,
ii) of sound mind and
iii) is not otherwise disqualified from
contracting by any law . A person who
is competent to contract is competent
to transfer a property .
So minority and insanity are legal
inabilities . That apart , a judgment
debtor , whose property is sold in
execution of a decree , is legally
disqualified to transfer the property
sold in execution of a decree .
Similarly , where a person’s properties
are under management of Court of
Wards , he is legally disqualified to
transfer any interest in his property or
create a charge over it .
Section 7 meant to say that the Karta of
a Hindu Joint family , a guardian , an
executor or administrator , a trustee , a
person holding power of attorney to
transfer and so on are the persons
authorized to dispose of transferable
property which is not his own .
But there is nothing in the Transfer of
Property Act to nullify a transfer in
favour of a minor or a lunatic . A minor
or a lunatic can be a mortgagee
provided there is no covenant for him to
perform. A minor or a lunatic may be a
purchaser provided the sale does not
impose any obligation upon him . Or a
minor or a lunatic may be done of a gift
provided the gift is not onerous .
Section 6 of the Transfer of Property
Act lays down three types of persons
who can not assign their interest . Thus
---
a) A tenant having an untransferable
right of occupancy cannot assign his
interest as such tenant .
b) The farmer of an estate in respect of
which default has been made in paying
revenue , can not assign his interest as
such farmer .
c) The lessee of an estate under the
management of a Court of Wards can
not assign his interest as such lessee .
So a tenant and the farmer or lessee
can not transfer interest , in certain
circumstances .
*****
Books
