Operation of Transfer

Operation of Transfer:

(Sec.8 of the Transfer of Property Act 1882)

“Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof.

Such incidents include,–

Where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth;

Where the property is machinery attached to earth, the movable parts thereof;

Where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows and all other things provided for permanent use therewith;

Where the property is a debt or other actionable claim, the securities therefor (except where they are also for other debts or claims not transferred to the transferee), but not arrears of interest accrued before the transfer.

Where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.

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