Section 6(a) And 43 Of The Transfer Of Property Act, 1882: A Critical Analysis With Contract Law

A. Gitapriyavarrshini, B.Com LLB (Hons.), Tamil Nadu National Law University (A State University established by Act No. 9 of 2012), Navalurkottapattu, Srirangam (TK), Tiruchirappalli, Tamil Nadu

INTRODUCTION:

The term “property” has a comprehensive meaning which includes everything owned by a living person which provides benefit out of it and the capability of such property to be transferred from one to another1. The Transfer of Property Act, 1882 is a legislation that deals with the transfer of property from one living person to another. The word “any kind” specified in the act in itself is self explanatory as it also includes intangible property such as intellectual property rights2. The doctrine of spes successionis is a mere chance or a probability of inheriting a property upon the death of the transferor’s death through succession or will3. Section 43 of the act deals with another aspect of property law principles which will be further discussed in this research paper.

This research paper deals with the theoretical aspects of the doctrine of spes successionis under section 6 (a) and the rule of estoppel under 43 of Transfer of Property Act, 1882. The researcher has attempted to provide a descriptive analysis of interpreting the said provisions critically with the contractual principles provided under The Indian Contract Act, 1872. The researcher argues that both the Property Law and Contract Law are distinct disciplines but are interconnected with each other on the basis of the core principles that they are founded upon. On the basis of this argument the researcher has attempted to criticize the rationale behind section 43 of the TPA, 1882.