Question

Mrs. Kapoor, an elderly landowner, verbally expressed her wish to transfer her agricultural land worth ₹20 Lakhs to her son Raj without any legal documentation. Her other son Aman, who has been managing the land, wants it to be transferred in his name as he had been in charge of the land. Additionally, a neighbour, Mr. Sharma, offers Aman money to buy the land directly. In the given situations, who has the right to transfer the property under the provisions of the Transfer of Property Act (TPA) 1882? State any two essentials for a valid transfer based on the scenario given above.

Hint:

Transfer of immovable property requires a written and registered document, and only the legal owner has the right to transfer it.

Answer 1

According to the Transfer of Property Act (TPA) 1882, the right to transfer the property lies solely with the legal owner, who is Mrs. Kapoor in this case. Since Mrs. Kapoor owns the agricultural land, only she has the authority to transfer the property either to her son Raj or anyone else.
Verbal transfer is not valid: Transfer of immovable property such as agricultural land must be done through a registered deed under the Registration Act, 1908. A verbal wish alone does not constitute a valid transfer.
Aman and Mr. Sharma do not have the right to transfer the land: Aman manages the land but does not own it, so he cannot transfer it without Mrs. Kapoor's legal consent. Mr. Sharma’s offer to Aman is invalid unless Aman legally owns the land or has proper authority.
Transfer must be in writing: As per Section 54 of the Transfer of Property Act and the Registration Act, transfer of immovable property must be by a registered instrument.
Competent transferor and transferee: The person transferring the property must have the legal right to do so, and the transferee must be competent to acquire it.