Transfer - Definition - Law Dictionary Home Dictionary Definition transfer

Definition :

Transfer, a permanent alienation is a transfer and a permanent alienation includes the several kinds of transfers, namely, sale, exchange or gift, Syed Jalal v. Targopal Ram Reddy, AIR 1970 AP 19.

Transfer, cannot have the widest comprehension, and does not indicate or include compulsory transfer or forced transfer, like court auction sale, Kharva Gigabhai Mavji v. Soni Jagjivvan Kanji, 1979 (20) Guj LR 256.

Transfer, connotes, normally, between two living persons during life; will take effect after demise of the testator and transfer in that perspective becomes incongruous, State of West Bengal v. Kailash Chandra Kapur, (1997) 2 SCC 387.

Transfer, Decrees which would have the effect of extinguishing the tittle of the holder and nesting the same in some one else though not falling within the ordinary meaning of the phrase 'transfer of property' would be 'transfers' within the meaning of the term as used in ss. 4 and 5, Jagdish v. State of Madhya Pradesh, AIR 1993 MP 132. [See M.P. Ceiling on Agricultural Holdings Act (20 of 1960), ss. 4, 5]

Transfer, in relation thereto means the doing of anything including by way of an agreement or arrangement which has the effect of transferring or enabling the enjoyment of such immovable pro-perty, DLF Universal Ltd. v. Appropriate Authority, (2000) 5 SCC 552.

Transfer, includes sale, purchase, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien. [Prevention of Money-Launder-ing Act, 2002, s. 2(za)]

Transfer, includes surrender. Where a tribal surrenders the land and his son files application for recovery of possession within 12 years of surrender, his application deserves to be allowed, Brisa Munda v. Chando Kumari, AIR 1996 SC 704. [Chhotanagpur Tenancy Act (6 of 1908), s. 46(4) (a)]

Transfer, is comprehensive and is regarded generally as comprehending within its scope transfers both of the voluntary and involuntary kinds. Without more, there is no reason for limiting the operation of the word 'transfer' to voluntary acts of transfer so as to exclude compulsory acquisitions of property, Manglore Electric Supply Co. v. C.I.T., AIR 1978 SC 1272: 1978 (3) SCC 248.

Transfer, means movement of a government servant from one headquarter station in which he is employed to another such station, to take up the duties of a new post or in consequences of a change of his headquarter, Arbind Kumar v. State of Bihar, (1996) 2 Pat LJR 406.

Transfer, means to convey or remove from one place or one person to another, to pass or handover from one to another, especially, to change over the possession or control of, Black's Law Dictionary, 7th Edn., p. 1504.

Transfer, to convey; to make over to another; the document by which property, as shares in public companies, is made over by one to another. The Real Property Act, 1845 (8 & 9 Vict. c. 106) (reproduced in an amended form by s. 52, Law of Property Act, 1925) provided that a transfer (therein called a feoffment) (see that title) of land, and an assignment of a lease (therein called a 'chattel interest') of land must be by deed. See DEED.

By the Companies Act, 1929, s. 62, shares or other interest of any member in a company shall be personal estate transferable in manner provided by the Articles of the company, and under s. 63 (ibid.), a transfer of shares in or debentures of the com-pany is not to be registered except on production of a proper instrument of transfer (as provided for

by the Articles (see Table A or other Articles). As

to shares transmissible by law or by personal representatives, and other matters relating to transfer, see ss. 52 to 66. See also for power to transfer shares, s. 14 of the Companies Clauses Act, 1845 (8 & 9 Vict. c. 16). As to the transfer of chattels, see SALE OF GOODS ACT; GIFT; Goodeve on Personal Property.

It includes sale, purchase, exchange, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien. [Foreign Exchange Management Act, 1999, s. 2 (ze)]

The definition of the term 'transfer' does not attract all the definitions given in the Transfer of Property Act for the transactions which are defined as transfers in the Act. If the substance of the transaction by which properties are endowed in favour of a deity is looked into Court does not see why it cannot be called a gift, Kumar Pashupati Nath Mullah v. State of West Bengal, AIR 1974 SC 663 (664): (1974) 3 SCR 536: (1974) 1 SCC 696.

The expression 'transfer' is not defined in the Act. If so, it has to be understood in its normal sense, i.e., in the sense it is understood in the Transfer of Property Act, 1882 but with the rider that s. 128(1) recognises a transfer, even where the instrument of transfer is not registered, Municipal Corpn. of Delhi v. Grigon Investment and Trading (P) Ltd., AIR 1996 SC 1579: (1996) 3 SCC 630.

In India, the word 'transfer' is defined with reference to the word 'convey'. The word 'transfer' in English law in its narrower and more usual sense refers to the transfer of an estate in land. The word 'conveys' in s. 5 of the Transfer of Property Act is used in the wider sense of conveying ownership, Narandas Karsondas v. S.A. Kamtam, AIR 1977 SC 774: (1977) 3 SCC 247: (1977) 2 SCR 341.

With its grammatical variations and cognate expressions, includes letting on hire, lending, giving and parting with possession. [The Arms Act, 1959 (54 of 1959), s. 2 (1) (k)]

A forged transfer is a nullity. See FORGERY.

Includes sale, purchase, exchange, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien. [Foreign Exchange Management Act, 1999 (42 of 1999), s. 2(ze)]

Includes sale-purchase, mortgage, pledge, gift, loan or any other form of transfer of right, title, possession or lien. [Prevention of Money-Laundering Act, 2002 (15 of 2003), s. 2(1) (za)]

Transfer shall be deemed to include also the transactions referred to in clause (f) of section 269VA. [Income Tax Act, 1961 (43 of 1961), s. 80C]