What is the role of conveyance for the transfer of title in the property ?
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2020
What is the role of conveyance for the transfer of title in the property ?
Answer & Explanation:
Conveyancing is an art of drafting of deeds and documents whereby land or interest in land i.e. immovable property is transferred by one person to another. Mitra's Legal and Commercial Dictionary defines "Conveyance" as the action of conveyancing, a means or way of conveyancing, an instrument by which title to property is transferred, a means of transport, vehicle. According to Clause 10 of Section 2 of the Indian Stamp Act, 1899, "Conveyance includes a conveyance on sale and every instrument by which property, whether movable or immovable, is transferred inter vivos and which is not otherwise specifically provided by Schedule I of the Act." The term 'Conveyance' as such refers to the act of transferring property from one party to another. Whereas, Section 5 of Transfer of Property Act, 1882 makes use of the word "Conveyance" in the wider sense. Section 5 of Transfer of Property Act, 1882 defines "transfer of property" as an act which a living person conveys property, in present or in future, to one or more other living persons, or to himself, and one or more other living persons and "to transfer of property" is to perform such act. Thus, conveyance is an act of conveyancing or transferring any property whether movable or immovable from one person to another permitted by customs, conventions and law within the legal structure of the country. Hence, conveyance is an act of by which movable or immovable property is transferred by way of sale, lease, gift, exchange, will or bequeathment.
Topics: Conveyancing
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