Examveda

A transfer of property occurring due to insolvency, forfeiture or sale in execution of a decree is called a . . . . . . .

A. Transfer by Will

B. Transfer by operation of law

C. Transfer by act of parties

D. None of these

Answer: Option B

Solution (By Examveda Team)

Transfer of Property Act: Explanation of the Correct Answer
First, let's define the key term: Transfer by operation of law. This refers to a transfer of property that happens automatically due to the operation of a legal rule or statute, without any active participation or agreement from the parties involved. It occurs by force of law, not by the will or act of the individuals concerned.

Now, let's explain why Option B: Transfer by operation of law is the correct answer.
Insolvency, forfeiture, and sale in execution of a decree are all situations where the transfer of property occurs automatically due to legal processes.
* Insolvency: When an individual or entity is declared insolvent (unable to pay their debts), their assets are automatically transferred to a receiver or trustee for distribution among creditors. This transfer happens due to the operation of insolvency laws.
* Forfeiture: Forfeiture is the loss of property due to a breach of law or contract. The property is transferred to the state or another party as a result of the legal consequence of this breach. The transfer isn't based on a choice made by the original owner.
* Sale in execution of a decree: When a court orders the sale of property to satisfy a debt or judgment, the transfer of property to the purchaser happens through the court's action, not by an agreement between the original owner and buyer.

Why other options are incorrect:
Option A: Transfer by Will: A will is a legal document that specifies how a person wants their property to be distributed after their death. This is a voluntary transfer, actively decided upon by the testator (the person making the will).
Option C: Transfer by act of parties: This refers to property transfers that occur through agreements and actions of the parties involved, such as sales, gifts, or exchanges. This is a voluntary process, unlike the involuntary transfers mentioned in the question.
Option D: None of these: Given the explanation above, this option is clearly incorrect.

This Question Belongs to Law >> Transfer Of Property Act

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