Question

DIRECTIONS: (Qs. 92-97)Given below/ a statement of principle followed by a failual situation. Apply the principle to the faile given below and dselect the most appropriate answer
Principle Under the Transfer of Property Act, 1882 a property must be transferred , by one living person to another living person. The Act deals only with transfer of property between living persons.
Facts 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.

• A. Transfer of property by 'X' will be valid
• B. Transfer of property by 'X' will be invalid
• C. Transfer of property by to the presiding deity will become a valid transfer to 'A'
• D. None of the above.

Answer 1

Answer: (B)

Transfer of property by 'X' will be invalid

• One of the basic features of the Transfer of Property Act, 1882 is that it governs transfer of property inter vivos or between living persons only. It does not apply to acquisition of title through inheritance and succession. It is also inapplicable to dedication of property to God or where the transfer is subject to the relevant religious and Charitable Endowment Acts.
  
• As per section 5 of 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 person, or to himself, and one or more other living persons.
  
• In the present case, X wants to transfer his property to a temple deity which is not a living person and hence, the transfer cannot take place and will be invalid in nature.