Transfer of Property Act 1882

Section 3(26), The General Clauses Act, 1897, defines, " immovable property" shall include land, benefits to arise out of the land, and things attached to the earth, or permanently fastened to anything attached to the earth.

Also, The Registration Act,1908, 2(6) "immovable property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of the land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.

As per this rule, the rights of the bona fide transferee, who has no notice of the earlier transfer or of the option, are protected.

The right may be either absolute or conditional, and the property may be movable or immovable, present or future.

Even when a person is mentally competent, but physically unable to sign any contract, the property lawyer hired by him, can do that with the help of a power of attorney.

The person insisting non-transferability must prove the existence of some law or custom which restricts the right of transfer.

These conditions must be satisfied : There must be a representation by the transferor that he has authority to transfer the immovable property.