Principle: Under Section 5 of the Transfer of Property Act, transfer of property is an act by which a living person conveys property to one or more other living persons.
Facts: A executes a Will bequeathing his self-acquired house to B. Does the Will constitute a transfer of property under the Transfer of Property Act?
Answer and explanation
Correct answer: B. No, a Will is a testamentary disposition operating on death, not an inter vivos transfer
- Step 1: Understand the definition of transfer of property under Section 5 of the TPA.
- Step 2: The Transfer of Property Act governs exclusively transfers inter vivos (between living persons).
- Step 3: A Will is a testamentary disposition that takes effect only upon the death of the testator; it is not a transfer between living persons and is governed by the Indian Succession Act 1925.
Answer
No, a Will is a testamentary disposition operating on death, not an inter vivos transfer.
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