SECTION – 7
The Persons Competent to Transfer :-
Section -7 deals with the persons competent to transfer a property. The section
provides that a person can transfer a property, if he has the following two essential
qualification :-
1) If he is competent to contract.
2) If he has the title to transfer to property. If he does not have the title he must not be
authorized to transfer the property.
1) If he is Competent to Contact:-
Section -11 of the Indian Contract Act, 1872 provides that a person is
competent to contract if he has attained the age of majority, if he is a sane
person, if he has not been legally disqualified under any other law for the
time being on force.
I) The Transfer must have Attained the age of Majority:-
According to section -3 of the Indian Majority Act, 1875, a person
attains majority at the age of 18 years, but where a court of law appoints
a guardian for a minor, in that case the minor attains the majority at 21
years.
II) The Person must be a Sane Person:-
The second requirement is that the transferor must be a sane
person or in other words he must not be a person of unsound
mind
Insanity may be of two types:-
1. Lunacy
2. Idiocy
A lunatic person becomes sane from time to time. The time
or period during which a lunatic person becomes sane is
called the lunatic internal, during which he is entitled or
competent to transfer a property. On the other hand and
idiocy is a permanent insanity, which is incurable therefore,
an idiot person cannot become a competent transferor but
another point must be remembered that even a lunatic
person can be debarred from transferring of property if he
had been declared a lunatic by a court of competent
jurisdiction.
III) The Person has not been legally Disqualified under any other law
for the time being in force:-
Sometimes we see that a person, inspite of having essential
qualifications is unable to transfer his property or in other words,
a person though he has attained the age of majority and he is a
person of sound mind and have the title to transfer the property
but is being declared legally disqualified to make the transfer
under the decree of the court of law
Eg.- when a person is being declared a judgement debtor under
the decree of a court of law in that case he shall be debarred
from transferring his own property is the same has been
attached under the decree of the court.
3. If he has the title to transfer to property, if he does not have
the title he must not be authorized to transfer the property:-
The second essential element is that the transferor must
possess the title to transfer the property. If he is transferring
an absolute interest (such as sale or gift) he must have the
ownership of the property. If he is purporting to transfer the
partial interest in the lro, he must have the partial interest.
Eg.- A person creating sub-lease must be lease himself. If the
person does not have any title in the property inspite of hat
he can transfer the same property if he has been authorized
to do so by a power of attorney.
