Section 7 of Transfer of Property Act II Person Competent to transfer the Property II Section 7 TPA

Section 7 of Transfer of Property Act II Person Competent to transfer the Property II Section 7 TPA

Topics Discussed in the Video -

Persons competent to transfer (Sec.7)
Every person is competent to contract and entitle to transferable property, or authorized to dispose of Transferable property not his own, is competent to transfer such a property either wholly or in part, and either absolutely or conditionally, in the circumstances to the extent and in the manner, allowed and prescribed by any law for the time being in force.


A person is able to transfer the property if he satisfy the following conditions-
He must be competent to contract
He must have the title of property or authorised to transfer, if it is not his own.

Competency to contract has been defined under section 11 of the Indian Contract Act, 1872.Section 11 says that every person is competent to contract-
a) Who is of the age of majority according to the law to which he is subject
,b) Who is of sound mind, and
c) Is not disqualified from contracting by any law to which he is subject

Sound mind -
Under section 12 of the Indian Contract Act, a person is of sound mind of the purpose of making contract if he is capable of understandings it and of forming a rational judgment as to its effect upon his interest.

Disqualified person
If a person is disqualified from contracting by any law to which he is subjected then he is incapable of making a transfer too.
If a person whose property is under the management of a court of wards transfer such property then transfer is void.
An Insolvent.
Alien enemy is disqualified from contracting.

Persons authorized to dispose of property not his own
If the transferor has no title to the property, he must have authority to transfer it. For e.g. an agent acting under power of attorney.

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Case Laws Discussed in the video

If the transferor of property is minor then contract would be void. (Raja Balwant Singh vs Rao Maharaj Singh )

Mallikarjuna vs. Mareppa, AIR 2008
A person purchased certain property in the name of his minor son and subsequently resold it while the son was still minor. Court permission was necessary under section 8 of the Hindu Minority and Guardianship Act, 1956 but no such permission was taken. The provision being mandatory the sale was held to be void.

Chittu Singh vs Chatan Singh, 1923
a person who has no right at all to have possession cannot make any valid transfer.
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Adv. Rahul Chauhan.