Transfer of Property Act 2000
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Free sample — 8 of 66 rapid-fire Q&A cards.
What does the Transfer of Property Act govern in the context of banking operations?
The Transfer of Property Act governs the transfer of immovable and movable property inter vivos (between living persons), which is critical for banks when accepting property as security for loans through mortgage, charge, or assignment.
What is the original year of enactment of the Transfer of Property Act?
The Transfer of Property Act was enacted in 1882.
Which year was the Transfer of Property Act originally enacted, and what does the '2000' reference in CAIIB syllabus indicate?
The Transfer of Property Act was originally enacted in 1882; the '2000' reference in the CAIIB syllabus indicates the study of the Act as amended up to the year 2000, incorporating subsequent legislative changes relevant to banking practice.
What types of property does the Transfer of Property Act primarily deal with?
It primarily deals with immovable property transfers between living persons.
What is the definition of 'transfer of property' under the Transfer of Property Act?
Under the Act, 'transfer of property' means 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, including companies and associations.
What is an 'anomalous mortgage' under the Transfer of Property Act?
A mortgage not falling under any of the five specific mortgage types.
What are the essential conditions for a valid transfer of property under the Act?
A valid transfer requires that the transferor must be competent to contract, the property must be transferable, the transfer must be made in the prescribed manner, and the transferee must be a person capable of taking the property.
Under which section of the Transfer of Property Act is a 'charge' defined?
A charge is defined under Section 100 of the Transfer of Property Act.
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