THE TRANSFER OF PROPERTY ACT 481
(ii) Where delivery of possession is prescribed, Registration is not necessary to complete the sale. However, Registration without delivery will be enough to complete the sale.
No other mode of Transfer. —The provisions as to modes of transfer are exhaustive and a sale cannot be effected in any other way. Title cannot pass by admissin or by recitals in a deed or petitions to officers or entry in the record of rights. Admission that land has been sold, will not operate as an estoppel so as to do, away with the sale for a registered conveyance or delivery. 43 Cal. 790.
It is necessary to observe the prescribed modes of transfer :—
(i) Ownership does not pass except by a transfer in the prescribed form.
(ii) An unregistered deed is not enough
(a) In cases where Registration is compulsory.
(b) Also in cases where the value is less than Rs. 100 and the transfer is not made by delivery.
- Meaning of tangible and intangible
(i) Immoveable Property is either tangible or intangible.
(ii) The distinction between tangible and intangible is analogous to the distinction made in English Law between a corporeal hereditament and incorporeal hreditament.
(iii) A corporeal hereditament is an interest in land in possession i.e. a present right to enjoy the possession of land. An incorporeal hereditament is a right over land in the possession of another, which may be a future right to possession, or a right to use for a special purpose the land in the possession of another e. g. a right of way.
(iv) The contract between tangible and intangible is a contract between the estate of one who is possessed of the land, the tangible thing and that of a man who has the mere right, the intangible thing, without possession of anything tangible.
(v) A thing to be tangible must be capable of actual delivery.
Sulaiman C.J. 50 All. 986.
- Meaning of Delivery of Possession
(i) Delivery takes place when the seller places the buyer, or such other person as he directs, in possession of the property.
(ii) Delivery is an act which has the effect of putting the buyer in the possesssion of property.