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

Vatsa, Kritika ORCID: https://orcid.org/0009-0003-5037-991X and Manderna, Mohit Kumar ORCID: https://orcid.org/0009-0008-8711-2158 (2025) Crystals and Mud: The Evolution of the Transfer of Property Act in Colonial India. RGNUL Student Research Review. Rajiv Gandhi National University of Law, Punjab, India. Available at: https://www.rsrr.in/post/crystals-and-mud-the-evol...

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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: Other Article
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
Divisions: Jindal Global Law School
Depositing User: Mr. Abid Fakhre Alam
Date Deposited: 02 Mar 2025 11:07
Last Modified: 20 Aug 2026 06:38
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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