 Good evening everyone and on behalf of Beyond Law CLC, we welcome Mr. Venkat Sudarshan who is the retired principal district in Session Day in Bangalore. Where in years, as we had said earlier, he would be taking us to the entire session of the Transfer of Property Act in 1982. Two parts we have already done, those who have missed on Beyond Law CLC, they can watch them, they are available. And today we are taking the third part, where when we go into the deeper dive of the introduction to the basics, go to yourself and thank you for accepting our invite. Thank you very much Mr. Vikas Chetran sir. Welcome to all viewers. This is the third in the series on the topic of Transfer of Property Act, a very important enactment. In the previous two sessions, we have seen the significance and importance and meaning of the preamble portion of the Transfer of Property Act and discussed about the definitions of some of the important words and phrases like what do you mean by an immovable property what is an instrument, what do you mean by attested, registered, noticed, etc. Now we are moving on to the second chapter of this Transfer of Property Act. The second chapter deals with a very important part of the Transfer of Property Act that is of transfers of properties by act of parties. This chapter has got two parts. Part A of chapter 2 is from section 5 to section 37 which deals with transfer of property whether movable or immovable. Part B of this chapter which deals with only immovable property from section 38 to 53. So a conception that Transfer of Property Act is applicable only for immovable property may not be correct. Certain portions of the Transfer of Property Act particularly from section 5 to section 37 are applicable both for movable and immovable property and section 38 to 53 or chapter 2 are applicable for immovable properties. In part A section 5 defines what a transfer of property is. According to this section a transfer of property means an act by which a living person conveys property in present or in future to one or more other living persons or to himself and to transfer property is to perform such act. The careful reading of this particular section shows that it involves five important ingredients. It is an act of parties by which one living person that is a natural person a human being let us say to start with who is called as a transfer of he conveys property which is property in present or in future conveys in present or in future to another living person or to himself. So these are the six important ingredients which are found in this section 5 of the Transfer of Property Act. After this definition a living person has been explained within the brackets. It is stated like this in this section living person includes a company. So a living person does not necessarily mean a natural human being or a natural person. It includes a company or association of body or association or body of individuals whether incorporated or not. So when we are using the living person here in this section it does not necessarily mean a natural human being a natural person. It includes a company also because company is a juristic person or a body of individuals or an association whether incorporated or not. Let us pause for a while here and go back to the preamble again. The preamble portion of the Transfer of Property Act says that whereas it is expedient to define and demand certain parts of law relating to transfer of property by act of parties. So by using the word act of parties it means that there is a plurality a transfer and a transferring. So the Transfer of Property Act is applicable when there is a conveyance of a particular property conveyance in present or future of a particular property to one living person to another living person person living person includes a natural human being or a company or a body of individuals or association incorporated or not. So when we use the word act of parties that means transfer of property is not applicable where there is an operation where there is a transformation by operation of law. In this context it may be useful for us to refer to the decision of the honorable Supreme Court reported in AIR 2004 Supreme Court 2206 in Barrett Petroleum Corporation Limited versus Keshevan wherein the honorable Supreme Court has said the provision of the Transfer of Property Act have no application in a case where transfer is by operation of law as would appear from preamble the transfer of property of the Transfer of Property Act the same applies only to transfer by act of parties. A transfer by operation of law is not validated or invalidated by anything contained in the Transfer of Property Act. A transfer for which which takes place by operation of law therefore need not meet the requirements of the Transfer of Property Act. So by this it is very clear that where there is a transfer by operation of law the provisions of the Transfer of Property Act is not applicable and the Transfer of Property Act is applicable only when there is a conveyance of conveyance in present or in future in respect of a property from one living person to another living person. Thus it is a it is an activity Transfer of Property is an activity or a process under this activity one person called a transferor by his act does or does some act by which he conveys the property to another living person called as a transferee as I have already explained that a living person includes a company association of persons body of individuals incorporated or not. In this context we may refer to one more judgment of the Honorable Supreme Court reported in AAR 1986 Supreme Court page 368 which deals with the meaning of the word act of parties living person it is a transfer between one living person to another as already stated about the living person may be a natural person or a company or an association of individuals but the person transferring the property must be aligned at the time of transfer this is very very important aspect to be considered the only requirement is the person should be competent to contract so who are all the persons competent to contract has been explained in the contract act itself a minor a lunatic a person of around mind or insolving or the persons who are not competent to enter into the contract so therefore they cannot be considered as competent persons to transfer the property so there must be a transfer by a competent person a person who is competent as per the terms of the contract act so he should not be a minor he must be a person of his own mind and it should be without any coercion and you influence fraud etc transfer of property act since it applies only to a voluntary act of transfer of property one living person to another transfer of property does not apply to a property sold in auction so when a property is purchased in an auction by x it will not come under the meaning of the transfer of property act because that is not a voluntary transfer and there is no transfer from one living person to another living person this is covered by a year 2001 alhaba page 334 krishna mohan versus balakrishna then meaning of the word conveys what do you mean by the meaning of the word conveying because if you go back to the definition transfer of property means an act by which a living person conveys property in present or in future to one or more other living persons or to himself so conveyance means it is a doing an act called a transfer it is doing an act called transfer by which a transfer creates a new right transfer by transferring a property creates a new right in fare of the transfery and the transfery get interest in the property on transfer so the test as to whether transaction is conveyance or not is whether the transaction passes certain passes and creates certain new rights in the process some right from the transfer to the transfery and create some new right in the transfery this is another important aspect to be kept in mind here the word present or in future is used the word present or future used here does not apply to property it applies only to the conveyancing normally transfer of property must take an immediate effect when I am selling the property by executing a sale date that the right title and interest in the property should simultaneously pass on to the transfery when I am executing a sale date that is property must be existing so here the word present or future it does not apply to the property because the property must always be existing at the time of transfer but it applies only to a conveyance conveyance of title may be either present or in future conveyance of interest may be either present or in future so normally a transfer of property must take immediate effect sometimes it may take effect on a future date a person is great to transfer upon transfer property upon fulfilment of certain conditions so therefore the word convey used in this used in section five of the transfer of property act refers to the word the word present or future used in transfer of a section five of the transfer of property act refers to conveyance and not to the property then the definition of the meaning of the word property property has got a very wide meaning it has got very wide description it could be either movable or immovable a property is essentially a bundle of rights and interest if I am the owner of a particular property if I own a particular property that means I am the owner I am the title holder I am the person having interest in the property I am having a person having read over the property and I am the person who is in possession of the property possession could be either physical or constructive and so all these incidents were called as bundles bundling of rights and interest in the property all these signifies ownership so when we call a particular person as a owner when he has right title interest and possession in respect of that particular property as I have already stated the word present or future refers to the conveyance of the transfer and not to the property this is covered by two decisions one is a year 1955 supreme court page 376 and another one is a year 1968 madras page 319 a full bench decision of the honorable high court of madras that is chief commission chief controller revenue authority versus sudarshan pictures that transfer of a non-existent or a future property amounts only to a contract which may be performed on a future date then the meaning of the word to another living person or to himself the word transfer from one living person to another living person is understandable because the person to whom it is going to be transferred is either a natural human being natural person or a company or an association or a body of individuals but the word himself is used it has got a great significance what do we mean by this by how can I transfer a property we made to himself by himself how can I have the property transferred to me only my own property be transferred to my name only so that is explained in the following way let us say for example I want to create a trust so when I want to create a trust I become the author of the trust first I have to transfer my property to the trust and that trust will receive the property through its managing trustee so I myself become the managing trustee so I will get the property my own property transferred by me in my individual capacity to the name of the trust that is in my name as a managing trustee so this is one such situation where a transfer property refers to transferring of a property by one living person to himself in this context I may refer to a decision of the Honorable Supreme Court reported in AIR 1961 Supreme Court page 1023 Thursidhar versus income tax commissioner and also another decision report of the Honorable High Court of Andhra Pradesh AIR 1984 Andhra Pradesh page 176 will be all versus Sri Ramanujan so when we say that the transfer property act is not applicable in case of transfer by operation of law some of the examples are a will when a property is bequeathed and available a family settlement partition compromise they are all by operation of law and therefore it is not by one living person to another living person it operates by it's a it's a transfer by operation of law for which the provisions of the transfer property act may not be applicable so this is how according to me section five of the transfer property act will have to be understood as I told in the previous sessions itself I am not going into the details of each and every topic each and every aspect I am just giving a broad outlines of that so that we can further research into the matter investigate into the matter and get more and more inputs by reading the commentaries on the subject then we will move on to section six section six of the transfer of property act deals with what may be transferred though the caption of this section says what may be transferred if we read the section it makes a list of items which cannot be transferred let us have a look at the section property of any kind may be transferred except as otherwise provided by this act or by any other law for the time being info now what are all the things which cannot be transferred a the chance of an heir apparent succeeding to an estate number one number two that chance of a relation obtaining a legacy on the death of a kinsman or any other near possibility of a like nature cannot be transferred I am drawing your attention to class a of section six class a of section six comprises of three parts the chance of a of an heir apparent succeeding to an estate number one number two the chance of a relation obtaining a legacy on the death of a kinsman number three or any other near possibility of a like nature cannot be transferred now let us have a discussion on each one of these three aspects which are covered under class a of section six chance of an heir apparent this is number one specific succession is near rate of reentry easement apart from the dominant heritage that we will come to that later chance of an heir apparent heir apparent is not a legal heir heir apparent is not a legal heir he is apparently a heir he would be a heir in future if he survives the propositors that is the property of the person who he inherits and if the propositors dies in the state let us take for example a case where there are two brothers a and b they inherit the property of their father in equal share a is not married or if he is married his wife is not there not alive he has no children now if a dies the chance of b succeed being the brother succeeding to the property is there so the no the chance of b succeeding to the property is contingent upon a pre-deceasing b that is a dying leaving b survive leaving behind b this is called as a chance of succession heir apparent this is possible only when there are two situations number one he must survive the propositors in the example which i have given if b survives and a dies survives a that gay dies then only b will get a chance of succession because a does not have any other legal heir neither the wife nor the children so the chance of b succeeding to the property is more this is one situation number two that the propositors has not left behind any will he died in this state so if he has executed any will then the property belonging to a will go to the person to the legality under the will a beneficiary under the will and not to be so a heir apparent is one who will who is apparently a heir but he will succeed to the property only when the propositors that is the owner of the property dies before his death that too without leaving a bill supposing in the example which i have given b dies before the death of gay then the question of b succeeded into the property doesn't arise at all let us take one more example father and son are entitled to inherit the property the property the property of each other if father dies first son would inherit father's share but if son dies first he would not inherit the father's share so the son will inherit the father's share only if the father dies first since who would die first is uncertain it is not known whether father will die first or son will die first death is uncertain even son may die first leaving behind his father so because the death is not certain the succession that son may have is only contingent upon the father dying first so this is one example of special succession is let us take one more example a is the father he is suffering from an incurable disease an incurable disease he has two sons b and c s1 and s2 during the lifetime of a that is the father b sells the half share of his father to c now the question is whether such a sale made by b in favor of c of the property belonging to a during the lifetime of a is valid absolutely not because b has not it become a has not it succeeded the property from his father at all father is still alive therefore such a such a conveyance cannot be accepted to be a valid conveyance under law so this is one illustration which covers first part of a another one is a right of a reversional under the old hindu law the position was like this a property was being transferred to a woman would have been given to a woman to enjoy the same for his for her lifetime and after her death the property would go back to the real owner so that particular person who gets back the property after the death of that lady is called as a reversional and that right is a right of reversion now here the person the person will get back the property only when that woman in whose favor that property was conveyed for her enjoyment during the lifetime dies first she will have no title over the property she cannot sell the property she can only enjoy the property for her lifetime and after her death the property will go back to the male holder supposing that lady dies first if the lady dies first the property will go back to the male holder if the male holder dies first there is no question of he hitting the property because the person who has got to succeed on the death of that lady is no longer alive he is not at all alive so this is another example of saying a special success here is then second part of clause a of section six of the transfer property act the chance of a relation obtaining a legacy on the death of a kinsman we all know so that a document will is an instrument by which a person expresses his intention as to how and to whom his property should pass on after his death so the will will come into force only upon only on the death of the tester so the beneficiary under the will or the legitimacy under the will will not have any right over the property so be queaded as long as the tester is alive so the right of beneficiary to succeed the property is contingent upon the death of the tester not only the death of the tester and the second contingency is that there must there must that must be the lost will because a person can execute any number of which during his lifetime so the tester must have predestined the beneficiary of the will tender the will and that must be the lost to him only when these two things are satisfied then the benefit then the beneficiary under the will that the legality under the will will get the property so this is a chance he will get a chance to succeed the property only when the tester dies leaving behind the beneficiary and the will that is so executed is the lost will this is the second part of clause gay of section six let us move on to the third part any other near possibility of a life nature cannot be transferred what are the possibilities of a life nature which cannot be transferred there are some few examples given they are number one possibility of getting price in a competition I am going to participate in a competition where the price amount is rupees one lakh and I am going to get one lap provided I win the company in the company in the company in the company in the competition so that depends on a future future event competition must be held I must participate in that competition I must actively take part and I must win these are the contingencies ifs and buts anything may happen in between the competition which is scheduled might have been maybe cancelled or I may not be in a position to take part in the competition because of various other reasons like sickness ill health or some unavoidable reasons or circumstances etc and there is no different possibility also that I will certainly win so these are all future events so now because I am going to get one lakh if I win the competition I cannot say to x give me 80,000 rupees loan I will win the competition and I will get one lakh and after that I will pay you 80,000 rupees no it cannot be done so that price money which is yet to be secured by me only if all these contingencies are fulfilled cannot be transferred number one number two possibility of winning a lottery I have purchased a lottery ticket of rupees five and first price is one crore so there are so many ifs and buts in between and finally I must get a price so that is again a chance which cannot be transferred future wages of a servant before they actually accrue I am employed in a company I have been paid 20,000 rupees a month as by wages I have yet to work I have to get salary for October November which is yet to accrue and no I cannot say I will transfer 60,000 rupees to you being the three month salary because the wages themselves have not itself has not accrued to me I have not worked I don't know what happens in three months I may not go for work or I will be terminated from service or the company itself may stop functioning anything anything may happen in between so my getting 60,000 rupees is depending upon so many contingencies therefore wages let is yet to accrue cannot be transferred number four contract by a fisherman to transfer the fish which he would get on the next catch before throwing his net the transfer would be a transfer of their possibility of the same kind I have a right to catch fish in a pond and my average estimation is average I mean in terms of money the average quantity of the fish that I catch is say for example five lakhs rupees and I am yet to catch fish in the next season I cannot know agreed to transfer that to any other person because catching fish itself is a future event there are so many things happen we should happen in between there should be a rain pond should have full of water fish fish fish must be available to us I should throw in it I must be all healthy I should go I should go for work so there are so many things which are absent but seen between and that is only possible only when all these contingencies are fulfilled and ultimately I throw the net and catch the fish as on today I do not have any of these things at my command therefore such a right also cannot be transferred so going back to clause a of section six which consists of three parts number one the chance of an heir apparent succeeding to an estate number two the chance of a relation obtaining a legacy on the death of a kinsman number three or any other mere possibility of a like nature cannot be transferred in fact I told you in the beginning itself that I am not an expert nor I am a good orator whatever the little thing that I have read and I have understood and I have analyzed I am placing before you next be a mere right of reentry for breach of condition a mere right of reentry for breach of the condition condition subsequent cannot be transferred to anyone except the owner of the property affected thereby a right of reentry therefore is always accompanied by the interest in the land mere reentry rate of reentry cannot be transferred mere rewrite of entry means a right to resume possession not accompanied by any interest in the land this is a mere rewrite of a reentry is only a license a simplicity and the personal license cannot be transferred under law let us take an example for this a let's out a house to be a let's out house to be for a period of five years subject to condition that we shall not sublet it so subleasing is bar under the contract the please but be subleads the house to see be subleads the house to see thereby he has committed a breach of a condition in the least read so when there is a breach of a condition in the least read I have a right to throw him out and secure reentry into the premises this is called as right of reentry now what class B of section six says is this right of reentry is always accompanied with the property we have a landlord has got a right of reentry into the house which was let out to a tenant because he has broken the condition of the lease so the right of reentry cannot exist independently of the house the house property and the right of reentry or one and the same or we'll have to go together meaning thereby then I as a landlord have got a right of reentry into the premises because the current has broken the condition I cannot assign that right of reentry only to see a third person because a right of re I cannot as see okay I have a right of reentry you go and enter into the property I can't do it it is not transferable because I am the owner I have got a right to reentry for myself so I have to go and take position of the property for myself but take for example before the expiry of five years I have sold that property to see now the right of reentry also goes along with the property to see now when the lease conditions are broken she will have a right of reentry that is the meaning of saying a mere right of reentry please see class B a mere right of reentry for breach of a condition condition subsequent cannot be transferred to anyone except the owner of the property affected by the by the by the by the law I am the owner of the property I have reserved the property to X for a period of five years and in the lease deed I have stipulated a condition that the tenant should not sublet the property but he has subletted the property to see so thereby he has broken the condition it is only me as a owner of the property can exercise the right of reentry and giving the tenant I cannot assign the right of reentry alone to a third person because it is not transferable but before the expiry of five years that is before the expiry of the lease period before that period of lease is over if I have sold the property to a third person then that third person will become the owner and he will have a right of reentry because he steps into my shoes so this is another thing to be understood when they are reading class B of section six then see an easement cannot be transferred apart from the dominant heritage so here it it needs some explanation section four of the easements act of 1882 explains what an easement is the explanation is more wide more broad if you look to section 25 of the limitation act be that as it may easement right of easement can be considered as a right which I have to enjoy or to enjoy on the property of another for a beneficial enjoyment of my property let us say let us take for example I am the owner of a house I have a right of way on the land belonging to be in order to reach the main road so if I want to go out of the house I have to go on the land of beam only in order to reach the main road similarly if I want to reach my house from the road I have to come all along the road of beam only I am the I am not the owner of that property but I have a right to enjoy that portion of the land of beam only for the purpose of free aggression and ingress into my house from the main road this is the right of easement I am called as a my my right is called as a dominant heritage and bees bees land is called as a surrogate heritage this is easement now I have that right of easement because I have a house there independent of the house I have no right I can make use of the road I can make use of the land of beam only for the purpose of having an ingress into my house and ingress of the land so my right of easement right to easement goes along with the property I cannot independently transfer the easement right alone keeping the property within myself no it cannot be done but if I sell my house to x I will be transferring the easement right also to x so the right of easement will have to go along with the property to which it is attached and it cannot be independently alienated let us have a look at that you'll see class see again an easement cannot be transferred apart from the dominant heritage so dominant heritage is the house belonging to me easement is the right my right given to walk to move on the land belonging to be in order to reach my house and to come out of my house in order to reach the main road so I cannot sell the easement right alone independent of the property easement rate should go along with my house and cannot be isolated this is another aspect to be kept in mind next number c number d all interest in property restricted in its enjoyment to the owner personally cannot be transferred by him a right is restricted only for the personal enjoyment of the owner it cannot be transferred at all so the interest in the property is restricted in the enjoyment to the owner personally that has been made a non-transferable benefits he enjoys in his personal interest cannot be transferred in fact it is that interest which is created in that person because of his qualification a person who is a who is a teacher appointed by the government or appointed by the school authorities it is his personal it is his personal right given to him because of the qualification that he has he cannot transfer that right to somebody else it is only he who has got to enjoy the benefit of he being a teacher because he has been appointed as a teacher on the basis of his qualification so the latin term given to that is rest extra communion things beyond any trade or transaction so any right that I have got to for my personal enjoyment which is based on my qualification cannot be transferred to any other person a person who is an archer of a temple appointed for that particular purpose because of certain qualifications that he has he cannot transfer it to any person any any other person so like that an office of a shabai hujani mahant of a mat mutawalli of a vat are all restricted interest because they held those posts on the basis of their qualification similarly right in certain lands which are given to a person by way of remuneration for personal service cannot be transferred all of us are aware that there was enombration act village officers enombration act devadaya inam shambhog nam toti talwari nirganti patel so those are the lands which were attached to the office of the shambhog office of the patel office of the toti office of the nirganti whatever it is under the village officers enombration act i'm just giving an example so they are the properties the properties are given to them because of the office that they are holding so they cannot sell those property transfer those property as long as they are holding the toffees because once they give up the toffees the lands also may go depending upon the provisions of the particular enactment under which the lands have been given to them so therefore even all those service tenures also come under this particular category that is restricted interest a owner has got a right to sell the property to anybody he can he can transfer the interest in the property but whereas here though the property is given to those persons because of the services that they are holding they have no right to create any interest they have no right to transfer and therefore such property cannot be transferred as per the provisions of section six of the transfer property act then a right to future maintenance right to future maintenance cannot be transferred because that maintenance is still to be accrued it may accrue or it may not accrue the person who is entitled to pay maintenance may be alive or may not be alive the person who has got to pay maintenance may be alive or may not be alive or the owner granting maintenance itself may be withdrawn therefore there are so many ups and buts in between hence right to future maintenance cannot be transferred a right of preemption it is a person's right what is the preemption preemption means my right to purchase first before any other person a and b are brothers let us say for example a and b are brothers they have a house property they have divided the properties by means and boughs so both of them have got half a share each now if a wants to sell his property to if suppose he doesn't want he wants to move away from the particular place and he wants to sell his property he has got a right to sell the property but the first option the first right to purchase that property is to the another brother so that another so he must offer that property to another brother and and ask him whether he is willing to purchase the property or not and that another brother must be willing to purchase the property at the price which is prevailing in the market as in that particular date nobody should suffer a loss so that the preferential right with the other brother has is called as a right of preemption this is applicable not only in between brothers in between co-owners so this right of preemption is a right which cannot be independently transferred then look at class gay a mere right to sue cannot be transferred a right to sue for a certain sum of money is actionable claim if x has to pay me 10000 rupees together with interest the amount is certain rate of interest is certain calculation can be made by anybody total amount that is payable by x can be ascertained that is an actionable claim that can be transferred but when the amount itself is not certain total amount payable itself is not certain then a person cannot though I have a right to sue that particular person it's only me who has got to file a sword I cannot transfer that right to suit your purpose take for example mean profits an inquiry has to be held with regard to the mean profits actual mean profits has to be ascertained calculated computed and a particular figure amount will have to be determined till such time it is determined it is answer it is an uncertained amount so I cannot transfer my right to sue for mean profits to a third person because it is an unassertained amount so mere right to sue cannot be transferred right to sue for uncertain some or indefinite some is not transferable right to sue for damages is not transferable because the amount of damages is uncertain and secondly it is a personal right let us take for example a publisher said defamatory statement a publisher said defamatory statement against to be under against to be under law of thought B has a right to claim damages from A B think he must sue A claiming 50,000 rupees as damages but instead of refiling a sword by himself assigns his right to see says use A claiming 50,000 rupees from him for defamation of B such right is non-transferable I will explain it again a defamatory article is published by A against B so it is B who has been defamed it is B whose estimation in the eye of others is lower it is B whose reputation is damaged so he has suffered loss damages so B has got a right to file a suit against A seeking damages for because of because he has defamed it was defamed by A it is his personal right he cannot transfer that right to a third person to file a suit against B against A for recovering damages by saying that I am entitled for 50,000 rupees come on now you file a suit against A claiming 50,000 that cannot be done so a mere right to sue is not transferable so then public office and salary of the public office cannot be transferred at all this is to ensure the dignity of the office held by a person appointed for for the qualities that he is possessed by him and getting salary for the due discharge of his public office a person has been appointed to a public office could be an officer could be a clerk could be a superintendent could be anybody a public office he has been appointed to that particular post because of the qualities that he has which includes essential qualification and experience also so because of the qualification and experience that he has he has been appointed he has been appointed when such being the case it is his duty to keep up with the dignity of the office therefore the law says that public office and salary to the public office is not transferable it is his personal right this comes under section 6 clause F similarly stipends allowed to military, naval, air force and civil pensioners with the government and political pensions also cannot be transferred so these are the some of the items which have been made non-transferable cannot be transferred so section 6 of the transfer of property access it commences by saying property of any kind may be transferred except the following except the following transfer opposite to nature of interest etc there are certain kinds of interests which are not at all transferable they are number one where the transfer is opposite to the nature interest created thereby example one cannot transfer the year light space sea etc because they are all given as a gift to a human kind by nature it belongs to everybody it belongs to everyone on this earth therefore it cannot be transferred be where its object or consideration is unlawful you cannot transfer a property to a person for the purpose of doing something which is unlawful what do you mean by doing something unlawful you must refer to section 23 of the contract act section 23 of the contract act says that no person can carry on a business which is forbidden by law number one if it is of a nature that is permitted it would defeat the provision of any law number two if it is fraudulent number three if it involves the injury to a person and a property of others number four if it is immoral or opposed to public policy number five let us see the illustrations for this if it is forbidden by law i have an agricultural land i sell the property to be for the purpose of rising opium it is a prohibited product rising opium is forbidden under law so i cannot sell the property for that particular purpose nor i can lease the property to any other persons for the purpose of raising the prohibited or forbidden crop then more so then neither i have a license nor the person to whom i am transferring is having a license second one if it is of a nature that you permitted it would defeat the provision of law for example transfer of property by an insolvent an insolvent is a person who is not able to discharge his liabilities from and out of the properties that he has when such is the case no person can enter into a transaction with him for the purpose of purchasing the property belonging to an insolvent pending declaration of his insolvency this is forbidden by law it is permitted it is it is it is opposed to the provisions of law and third one is if it is fraudulent so the purpose of purchasing the property itself is defeat to defeat the provisions of the act to defeat the creditors for example if you read order 38 rule 1 and order 38 rule 5 of the civil procedure code you will find that when the when the defendant is with an object of defeating the rights of his creditors that is plaintiff the world used world used in order to defraud the plaintiff he is making an attempt to sell away the property or he is making an attempt to go out of the jurisdiction of the property therefore we see for arrest before judgment and order 38 rule 1 to 4 or attachment before judgment and order 38 rule 5 onwards so when the person is about to sell the property only for the purpose of defrauding the creditors then such a transfer is bad and no person should buy it number one if it involves injury to a person or property of the other supposing x x x agrees with y and he gives him a contract you go and kill z i will give you this land so that means a transfer of a particular property is going to be made for as a consideration for doing an act which is unlawful and which is an offense causing injury to a person or causing damage to the property you go and lit fire to the house of so-and-so my enemy or lit fire to the crop and damage it i will give you so much i will transfer my land to you examples i am telling so it is the intention of transfer is to at the consideration for intention of transfer is to cause injury to other person or the property that is also forbidden under section 23 of the contract act and it is immoral or opposed to public policy letting out the house for the purpose of running a gaming house or running a brothel they are all immoral purposes so that cannot be done so a transfer of property for purposes which are forbidden under section 23 of the contract act also cannot be made so the sum and substance of section 6 of the act is on the one hand the act says that property of any kind can be transferred and on the other hand the act further says accept the following so the understanding of section 6 and section 5 is very very important for the purpose of understanding the remaining sections of the transfer of property act i think with this Mr. Chhatrat sir Mr. Chhatrat sir Mr. Chhatrat may i go phone him? Yes sir hello sir you have unmuted i will give you a few questions just hold on you will have to unmute yes i have unmuted hello i am unmuted can you hear me yes sir can we stop here can we stop here yes sir we have few questions on the youtube not on the chat yes says good evening sir with whether readiness and willingness to perform a perform regarding the balance consideration amount or is it regarding the balance consideration amount plus time duty and registration charges amount we have not reached at that particular stage at all okay sir like the questions we confine to section 5 up to section 6 like so so these are all in general also except one Satya Narayan says an excellent session perfect session Pradeep says Pradeep Thakur says very informative session Anita Bhapna says very good session so everybody has acknowledged your insights and we are also thankful for sharing your knowledge thank you very much sir thank you Adigandhi Janti and Lal Bahadur Shastri's birthdays couldn't have been celebrated in much better way the way you transferred your knowledge to us thank you yeah thank you very very much all the very best