Question

Given below is a statement of principle followed by a failual situation. Apply the principle to the file  given below and select the most appropriate answer 

Principle: Under the Transfer of Property Act, 1882 a property must be transferred, by one living person to another living person. The Act deals only with the transfer of property between living persons.

Facts: 'X' wants to transfer his property to the presiding deity in a temple situated within the estate of 'A'.

Options

• Transfer of property by 'X' will be valid

• Transfer of property by 'X' will be invalid

• Transfer of property by 'X' to the presiding deity will become a valid transfer to 'A'

• None of the above

Answer 1

Transfer of property by 'X' will be invalid

Explanation:

According to the provisions of Section 5 of the Transfer of Property Act, ‘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 one or more other living persons. In this Section, a living person includes a company or association or body of individuals, whether incorporated or not. So in the given situation, the transfer of property by X to the presiding deity is not valid.