Monday, October 1, 2018

Section One Of Transfer Of Property act 1882

Introduction 


   Section One Of Transfer Of Property act 1882 define the act its commencement the object and Scope of the act , the territorial extent of the act and it extension . Following are the few Feature of the Section No 1 Of Transfer Of Property act .


Important Feature Of Section 1 Of Transfer Of Property Act 1882



Short Title

The act Shall be called Transfer Of Property act 1882,

Commencement Of the Act ,


This act shall be enforced after one July 1882, Moreover the Provincial Govt has the absolute power to enforce the act on any part of his territorial jurisdiction and the provincial govt can also removed the act or any part from his province ;or any part of the province .

The Main Object Of Bringing this act 

there are many reason behind the enactment , The main reason was the limited alienation of the property between the people the people of sub continent transfer their property in few traditional way like gift , Will , inheritance sale , etc. these were the very limited mode of alienating property, So there was need reform , when the British came they feel ;and bring the act.


Object And Scope Of The Act 

The main object of the act was to explain that how to transfer the property according to Law,  it is limited act , which do not covered the area where any court has decided regarding any  any alienation of  property , Such as , in case of Insolvency , In Case Of Inheritance , or Will, e.t.c,


Territorial Extent Of the Act 


The act is not Extended to Whole of Pakistan , The Provincial Govt has discretionary Power to enforce the act or any part of the act in whole of the province or any district or any part of the province or to the Provincial administrated area such as Chitral , Swat , Bannu , Bunir , Dir Etc.




More over the act does not covered each and every part of the law relating the property , the courts  have the power to decide the cases according to the act , if the act does not covered then the court are supposed to decide the Case according to Natural law or the law of equity .




Concluding Remarks 


The  Section one of T.P.A. define the act , discuss  its jurisdiction , its objects , it scope and extent.





For Video Lecture visit the link 


https://www.youtube.com/watch?v=due0Sbj-uG8































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