Bangladesh University of Professionals

TERM PAPER
Transfer of Lands
Course Name: Land Law
Course Code: Law-2403
Submitted To
Md. Abu Hanif
Lecturer & PhD (fellow)
Department of Law
Faculty of Security & Strategic Studies (FSSS)
Bangladesh University of Professionals (BUP)
Submitted By

Md. Sabbir Hossain Masum

Id No. 18421062
4th Semester
Department of Law
FSSS, BUP

Submission Date: 12th November, 2019

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 Table of Contents

Serial No. Topic Page No.

1 Introduction 03

2 Conceptual Issues 04-05

3 Various aspects 05
of the topic
4 Objectives of the 05
study
5 Background of 06
the study
6 Methodology 06

7 Significance of 07
the study
8 Findings of the 07
study
9 Recommendation 08

10 Conclusion 08

11 Bibliography 09

Introduction

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Land Law is an important law of current times. There are many laws regarding land. Transfer of
land is an act which involves the conveyance of rights or some of the rights in the land from one
person to another temporarily or permanently.1

Transfer of land also includes creation of new title or interest in favour of the new transferee. So,
if there is no transfer of land at all. The interest or title may be transferred at once or on a future
date as may be fixed by the wishes of the parties. Under the Transfer of Property Act, 1882 the
scope of transfer covers any transaction which has the effect of conveying property from one
living person to another.2 Under Section 5, ‘living person’ includes a company or association or
body of individuals, whether incorporated or not, but nothing herein contained shall affect any
law for the time being in force relating to transfer of property to or by companies, associations or
bodies of individuals.3

The transfer of lands is regulated by the Transfer of Property Act, 1882. Besides, for the contract
of transfer, the State Acquisition And Tenancy Act, 1950 and the Contract Act, 1872 and for the
making the transfer deed effective, the Registration Act, 1908 are also required.

Conceptual Issues

Modes of Transfer

1
S N Shukla, The Transfer of Property Act (24 th Edition, Allahabad Law Agency, 1995) 26-27.
2
The transfer of Property Act, 1882 section 5.
3
Ibid

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The Transfer of Property Act, 1882 mentions five modes of transfer, such as-

1. Sale
2. Mortgage
3. Lease
4. Gift
5. Exchange

Sale is explained under sections 54, 54A, 55, 56 and 57 of the Transfer of Property Act, 1882. It
is defined as being a transfer of ownership in exchange for a price. Section 54 says that the
exchange for a price may be paid or promised or part paid and part promised.

Mortgage is the second mode of transfer of immovable property. It is the most important kind of
security. The essential nature of mortgage is that, it is the transfer of an interest in specific
immovable property as security for the repayment of a debt. As against sale or gift, the mortgage
is simply the transfer of an interest in the property. Mortgage is defined and explained in the
sections 58-98 of the Transfer of Property Act, 1882. The transferor of the immovable property
is called a mortgagor, the transferee a mortgagee, the principal money and interest of which
payment is secured for the time being is called the mortgage money; and the instrument by which
the transfer is effected is called a mortgage-deed.4

Lease is a partial transfer of property. Section 105 of the Transfer of Property Act defines lease.
A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain
time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of
money, a share of crops, service or any other thing of value, to be rendered periodically or on
specified occasions to the transferor by the transferee, who accepts the transfer on such terms.5

Gift is defined by section 122, ‘the transfer of certain existing movable or immovable property
made voluntarily and without consideration, by one person called the donor to another, called the
done, and accepted by or on behalf of the done.’

4
The Transfer of Property Act, 1882 Section 58
5
The Transfer of Property Act, 1882 Section 105

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Exchange is defined by section 118, ‘when two persons mutually transfer the ownership of one
thing for the ownership of another, neither thing or both things be money only, the transaction is
called an exchange.’

Various aspects of the topic

There are some various aspects of this study. Some people use the modes of transfer of land in
fraudulent way. By which many innocent gets affected. Benami people and many organisations
does many fraudulent activities regarding land issues. Many housing society does corruption by
using these modes in a fraudulent way which causes the government and other people also.

Objectives of the study

There are objectives behind the study-

 To find out the modes of transfer of lands

 To understand how these modes works
 To understand what are the lacking in these modes
 To find out the gaps between these modes procedure
 To find how these modes are being used for fraudulent acts
 To find out the solutions to fulfill the lacking

Background of the study

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The study describes the modes of transfer of lands. How a land can be transferred to another
person, and what are the procedures of transfer.

There are mainly five modes of transfer of Lands. Such as Sale, Lease, Gift, Mortgage and
Exchange. There are some other modes to such as Will, Waqf, Trust, Partition etc.

Study should have been concluded by field reports but I couldn’t do that. There are many
knowledge gaps available.

Knowledge gaps such as I couldn’t complete the study for lack of times. Couldn’t do any review
of the study. Many knowledge gaps are here. Data has been collected from various online
journals, articles, different author books, different reports conducted at different times. So, I
couldn’t assure these data are accurate. These are the knowledge gaps of this study in my opnion.

Methodology

Two modes of data are Primary and Secondary.

Primary data not used in this research paper.

Secondary data has been used in this research paper mostly. Secondary data collected from
different author books, journals, renowned articles, online articles etc.

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Significance of the study

The significance of this study is that by reading this research paper you can easily know the
modes of land transfers. What should be the procedure of transferring land in the name of
another person? So this study has its own significance

Findings of the study

Findings of this study are-

 There are many gaps in the procedures of land transferring

 There are some old laws
 Many organisations does their fraudulent acts by this gaps of transferring lands
 Many individuals get paid for not knowing the procedures properly which causes them.
 Individuals do fraudulent acts which damages the government revenue system

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Recommendation

 New laws should be enacted regarding the gaps of previous laws relating to transfer of
land.
 Making easy procedures for general people to transfer their lands.
 Making prohibitions which are quite easy for the general people to understand
 Making proper Laws to stop fraudulent activities
 Studies should be made throughout the country to find out the law related problems in
case of land law

Conclusion

Among the various modes of transfer of property, sale is the most popular and prevalent mode
of transfer of immovable property. During the transfer of property in several of its modes, every
procedure of law should be fulfilled; otherwise it will create many problems in future. So,
government should take necessary steps to enact new rules and regulations regarding transfer of
lands and fulfilling the gaps of previous land relating laws.

Bibliography

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 S N Shukla, The Transfer of Property Act (24th Edition, Allahabad Law Agency, 1995)
26-27.
 The transfer of Property Act, 1882 section 5.
 Ibid
 The Transfer of Property Act, 1882 Section 58
 The Transfer of Property Act, 1882 Section 105