Transfer of Property Act, 1882

Section 127

Effect of contract to transfer for consideration when a party thereto has not capacity to transfer.

⚡ Quick Answer Reference: Section 127 TPA

Provision: Section 127 of TPA
Act: Transfer of Property Act, 1882
Classification: property
Jurisdiction: India
Summary: This section states that if a person who has the capacity to transfer property but is not competent to do so, or if a person who is not competent to transfer property, makes a contract to transfer an immovable property, the contract does not create any right to such property.

Statutory Content

What does Section 127 of TPA say?

Where a person having capacity to transfer, but not being competent to transfer, has contracted to transfer an immovable property, or where a person not competent to transfer has contracted to transfer an immovable property, the contract does not create any right to such property.

Indian StandardSection 127, Transfer of Property Act, 1882

Bluebook (21st ed.)Transfer of Property Act, 1882, § 127 (India)

Court Pleading StandardSection 127 of the Transfer of Property Act, 1882

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 127 of TPA mean?

Plain English Explanation

This section states that if a person who has the capacity to transfer property but is not competent to do so, or if a person who is not competent to transfer property, makes a contract to transfer an immovable property, the contract does not create any right to such property.

Practical Interpretation

In real-life scenarios, this section means that if someone who is legally capable of transferring property but is not allowed to do so, or if someone who is not legally capable of transferring property, makes a contract to sell or transfer a property, the contract is invalid and does not give the other party any rights to the property.

Core Legal Purpose

The core purpose of this section is to prevent contracts for the transfer of immovable property from being created when the person making the contract does not have the legal capacity to do so, thereby protecting the rights of the other party and maintaining the integrity of property transactions.

Key Legal Elements

•The person making the contract must have the capacity to transfer property.
•The person making the contract must be competent to transfer property.
•The contract must be for the transfer of an immovable property.
•The person making the contract must not be competent to transfer property.

Practical Example

Practical Example of Section 127 TPA

Rajesh, who is a minor, contracts to sell his ancestral property to Priya. However, Rajesh's father, who is the legal guardian, has not given his consent for the sale. In this scenario, the contract between Rajesh and Priya is invalid under Section 127 of the Transfer of Property Act, 1882, as Rajesh is not competent to transfer the property without his father's consent.

Common Questions (FAQ)

Frequently Asked Questions about Section 127 TPA

Q: What is the punishment or consequence under Section 127 of Transfer of Property Act, 1882?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it deals with the capacity and competence of individuals to transfer property.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, therefore it is neither bailable nor cognizable.

Common Questions about Section 127 TPA

What is Section 127 of TPA?

Section 127 of the Transfer of Property Act, 1882 (TPA) defines and regulates "Effect of contract to transfer for consideration when a party thereto has not capacity to transfer.". In plain terms: This section states that if a person who has the capacity to transfer property but is not competent to do so, or if a person who is not competent to transfer property, makes a contract to transfer an immovable property, the contract does not create any right to such property.

What are the elements of Section 127 of TPA?

The essential elements of Section 127 of TPA are: The person making the contract must have the capacity to transfer property.; The person making the contract must be competent to transfer property.; The contract must be for the transfer of an immovable property..

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