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

As per the Transfer of Property Act (TPA) 1882, the legal owner, Mrs. Kapoor, is the sole authority to transfer the agricultural land. She can transfer it to her son Raj or any other party.

Verbal transfer is invalid: The Transfer of Property Act mandates that immovable property, including agricultural land, requires a registered deed under the Registration Act, 1908, for a valid transfer. A spoken declaration is insufficient.
Aman and Mr. Sharma lack transfer authority: Aman, despite managing the land, is not its owner and cannot transfer it without Mrs. Kapoor's explicit legal consent. Mr. Sharma's offer to Aman is only valid if Aman possesses legal ownership or authorized power of attorney.

Written and registered transfer required: Section 54 of the Transfer of Property Act and the Registration Act stipulate that immovable property transfers must be executed via a registered instrument.
Requirements for transferor and transferee: The transferor must possess the legal right to transfer the property, and the transferee must be legally capable of acquiring it.