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What does “instrument” mean under section 3 of the Transfer of Property Act, 1882, unless the context…

Section 3 defines an instrument as a non-testamentary instrument, subject to the section’s contextual qualification. The definition distinguishes instruments within the…

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What does “instrument” mean under section 3 of the Transfer of Property Act, 1882, unless the context otherwise requires?

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Answer and explanation

Correct answer A

Section 3 defines an instrument as a non-testamentary instrument, subject to the section’s contextual qualification.

The definition distinguishes instruments within the Act’s meaning from testamentary instruments such as wills.

Option feedback

Option A

Section 3 defines instrument as a non-testamentary instrument.

Option B

A will is testamentary and is outside this statutory definition.

Option C

The definition covers non-testamentary instruments, so this inclusive formulation is too broad.

Option D

The statutory definition calls for a non-testamentary instrument. An oral declaration alone does not meet it.

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