All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

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31.

Transfer of Property Act applies to transfers

A: By partition in a joint family
B: Inter vivos
C: Both between animate and inanimate objects
D: Between living and nonliving persons

The answer is: B

Explanation

The correct option is B: Inter vivos.

The Transfer of Property Act, 1882, deals with the aspects of transfer of properties between living beings. It is an extension of the law of contracts and runs parallel to the succession laws. It applies only to transfer by the act of parties, not by operation of law.

Option A: By partition in a joint family is not correct because it is a transfer by operation of law, not by the act of parties. Partition is a process of dividing the joint property among the co-owners according to their shares and interests.

Option C: Both between animate and inanimate objects is not correct because the Transfer of Property Act only applies to transfers between living persons. Living person also includes a company or association or body of individuals.

Option D: Between living and nonliving persons is not correct because the Transfer of Property Act does not cover property transfers by the operation of law, such as transfer in the form of forfeiture, sale via the execution of an order, inheritance or insolvency.