Question

Transfer of Property Act applies to transfers

• A. By partition in a joint family
• B. Inter vivos
• C. Both between animate and inanimate objects
• D. Between living and nonliving persons

Hint:

Remember the core principle: Transfer of Property Act = Transfer \textit{inter vivos}. The Act does not deal with transfers that take effect upon the death of a person, such as wills, which are governed by succession laws.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks about the scope of the Transfer of Property Act (TPA), 1882. The Act's applicability is defined in its initial sections, particularly Section 5.
Step 2: Detailed Explanation:
Section 5 of the Transfer of Property Act defines "transfer of property" as an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons. The Latin term for a transfer or transaction made between living persons is \textit{inter vivos}.
Let's analyze the options:
- (A) By partition in a joint family: A partition is not considered a transfer of property. It is merely the division of a pre-existing joint right into separate rights among the co-owners. No new right is created. Hence, TPA does not apply to partitions.
- (B) Inter vivos: This means "between living persons" and perfectly describes the scope of transfers governed by the TPA as per Section 5.
- (C) and (D): These options are inaccurately worded. The transfer is between living \textit{persons} (which can include juristic persons like companies), not between objects or between living and nonliving persons. The Act does not apply to transfers by will (testamentary succession) which takes effect after death, or to inheritance.
Step 3: Final Answer:
The Transfer of Property Act governs transfers between living persons, which is legally termed as 'inter vivos'. Therefore, option (B) is the correct answer.