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How Delivery of Property Takes Place in India

Introduction:

The act of delivering or transferring a deed or yielding possession or control of something to another is known as delivery. The act of delivery may be in the form of words or acts and delivery can be conditional or absolute.

Delivery:

Different ways in which property can be delivered under the Transfer of Property Act, 1882:

Sale of immovable property: Sale of immovable property is given in Chapter III of the Act. This act treats the transfer of ownership of the property in exchange for a price paid or promised or part paid and promised as the sale of immovable property. Sale of immovable property is a contract which states that sale of the property will take place on some terms settled between the parties.

Mortgage of immovable property: Here, the transferor is known as mortgagor and transferee is called a mortgagee. Any person who is competent to a mortgage under the act can mortgage his or her property to another person for some consideration i.e. to get a loan.

Leases of immovable property: Lease of immovable property is explained in chapter V. Lease of immovable property is the delivery or transfer of right to another person to enjoy such property for a specific time period in consideration of a price.

Exchange of property: Exchange of property is defined in chapter VI of the act which says that when two individuals mutually deliver or transfer the ownership of one thing for the ownership of another and neither things or both things being money only, the whole transaction is known as an exchange.

Delivery by way of Gift: The transfer of property by gift is explained in chapter VII of the Act. The gift is the delivery or transfer of movable or immovable property to another person without any consideration and it is made voluntarily. The person who transfers the property is called the donor and the person whom the property is transferred is called the donee.

Delivery of Property under CPC:

Kinds of property:

  • Movable;
  • Immovable Property.

Various modes of delivery of property:

Movable property:

Movable property is the property which can be delivered or transferred from one place to another like jewellery, cars, etc.

Order XXI Rule 79 provides that where the actual seizure of the property has been made and the movable property is to be sold then it shall be transferred or delivered to the purchaser. When the property is in possession of some person then the property should be delivered to the purchaser after providing notice to the person in possession.

Immovable property:

The Transfer of Property Act, 1882 explains the terms immovable property. Immovable property means any property which cannot be moved from one place to another like a house, factory, etc. Order XXI Rule 35 provides that when the decree is for delivery of immovable property then possession of that property shall be transferred to the part to whom it has been adjudged or to the party who has been appointed on his or her behalf.

And when the possession of any property is to be transferred and the person who is in the possession and bound by the decree does not give access to the property then the court may order its officers to get the property vacated after giving a reasonable warning. There are many other scopes to deliver the properties to another person.

Conclusion:

The above discussion explains the different modes of delivery of property in India. There are several provisions for delivery under CPC Rule 31, which deals with a decree for delivery of movable property and Rule 35 and 36, which deals with the decree for delivery of immovable property. Further discussion on this will soon follow.

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