Crystals and Mud: The Evolution of the Transfer of Property Act in Colonial India

Vatsa, Kritika and Manderna, Mohit Kumar (2025) Crystals and Mud: The Evolution of the Transfer of Property Act in Colonial India. RGNUL STUDENT RESEARCH REVIEW.

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Abstract

Under the British, the period between 1861 and 1887 was significant for India. The government enacted several statutes concerning various substantive common law areas, and one of them was the Transfer of Property Act (hereinafter, “TPA”), 1882. With this legislative exercise, the Crown was aiming to establish its political and sovereign dominance over the Indian territory by codifying the English common law in the form of “wise, clear, and ascertainable” provisions. With such crystalline (crystal-like) provisions, the crown intended to preclude the Indian judiciary from flexibility of further development. However, this intention was not successful, and subsequently, the crystalline nature of these laws diluted. With the circumstance-based application, like equity, the TPA became a mixture of crystalline and muddy provisions.

Item Type: Article in Newspapers and Magazine
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Dharmveer Modi
Date Deposited: 02 Mar 2025 11:07
Last Modified: 02 Mar 2025 11:07
Official URL: https://www.rsrr.in/post/crystals-and-mud-the-evol...
URI: https://pure.jgu.edu.in/id/eprint/9181

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