Operation of transfer
Section 8 of the Transfer of Property Act, 1882 deals with operation of transfer. Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof. The Act came into force on 01 Jul 1882.
Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property, and in the legal incidents thereof.
Such incidents include, where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth;
and, where the property is machinery attached to the earth, the moveable parts thereof;
and, where the property is a house, the easements annexed thereto, the rent thereof accruing after the transfer, and the locks, keys, bars, doors, windows and all other things provided for permanent use therewith;
and, where the property is a debt or other actionable claim, the securities therefor (except where they are also for other debts or claims not tr ansferred to the transferee), but not arrears of interest accured before the transfer;
and, where the property is money or other property yielding income, the interest or income thereof accruing after the transfer takes effect.
Section 8, The Transfer of Property Act, 1882 (Act 4 of 1882).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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The Sub Registrar Amudalavalasa vs Dankuni Steels LTD
Court's Decision & Legal Precedent
When a single sale deed purports to convey multiple distinct matters including land, building, and plant and machinery permanently embedded to earth, the entire transaction must be examined by reading the preamble, recitals, operative part and schedule together. If the underlying transaction (such as an auction sale) was for all assets as a composite lot, and the parties' conduct indicates intention to operate the unit as a going concern, then plant and machinery permanently embedded to earth constitutes immovable property subject to stamp duty under Section 5 of the Indian Stamp Act. The registering authorities have power under Section 27 (as amended) and Section 47A to verify the true value and nature of property transferred and to refer the matter to the Collector for determination of market value and proper stamp duty payable. The mere fact that the sale deed describes only land and buildings does not permit avoidance of stamp duty liability on plant and machinery that was actually transferred as part of the composite transaction.
On this section: Operation of transfer - transfer passes all interest transferor is capable of passing; includes all things attached to earth; where property is machinery attached to earth, includes moveable parts thereof
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Andhra Pradesh Indu. Infrastructure CORP vs K. Veerabhadra Rao
Court's Decision & Legal Precedent
Once a registered sale deed is executed transferring absolute ownership of immovable property from the seller to the buyer, the seller cannot enforce conditions stipulated in the allotment letter or demand additional payment based on such conditions. The Transfer of Property Act, 1882, particularly Sections 5, 8, 10, 11, and 55, establishes that upon transfer of absolute interest through a registered sale deed, prior conditions cease to have effect and the buyer acquires absolute marketable title which cannot be unilaterally revoked by the seller.
On this section: Establishes that a transfer of property passes all interest which the transferor is capable of passing, including all legal incidents, thereby transferring absolute ownership
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 8
What have the courts held on Section 8 of the Transfer of Property Act?
The Sub Registrar Amudalavalasa vs Dankuni Steels LTD (26 Apr 2023) is the leading judgment on this section among those set out below: Operation of transfer - transfer passes all interest transferor is capable of passing; includes all things attached to earth; where property is machinery attached to earth, includes moveable parts thereof. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2018 to 2023.
How do I find court cases under Section 8 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 8, section 8 TP Act, section 8 of the Transfer of Property Act. People searching for it also type tpa 8 amazon. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with The Sub Registrar Amudalavalasa vs Dankuni Steels LTD (26 Apr 2023).
When did Section 8 of the Transfer of Property Act come into force?
Section 8 of the Transfer of Property Act, cited as TP Act 8, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.