Sec 5 of Transfer of Property Act says - Tramsfer of Property is an Act where one person conveys property, in present or in future, to another living person.......
But 29 of Contract Act and Section 6 of TPA itself bars future property transfer.
Any expert who can kindly explain?
*An academic query*
Good afternoon,
Section 5 of the Transfer of property act defines what transfer of property is, and as you have mentioned, it is where one living person conveys their property to one or more living persons, in the present or in the future.
Section 6 of the Transfer of property act talks about reasonable restrictions, and exceptions of what property, and rights to property can not be transferred. For example, the rights of a son (an heir apparent) who will inherit his father's property through succession can't be transferred to any other person. This is one of the various exceptions listed under Section 6 of Transfer of Property act. Please REFER to this link to find out more about Section 6 of this act-
https://blog.ipleaders.in/transfer-of-property-act-section-6/
Section 29 of the Contract act talks about uncertainty of agreement. For example, if X decides to sell a piece of land to Y, without specifying the dimensions of the property, and without providing the legitimate details required, it is considered as a vague and uncertain agreement, and it will be considered null, or void.
Hope this helped!
Regards,
Nandini.
