Which statement distinguishes a court decree execution sale from a voluntary act-of-parties transfer under section 5 of the Transfer of Property Act, 1882?
Question and options
Which statement distinguishes a court decree execution sale from a voluntary act-of-parties transfer under section 5 of the Transfer of Property Act, 1882?
A court execution sale is necessarily a voluntary act-of-parties transfer
A court execution sale is outside section 5’s act-of-parties definition
A voluntary sale by an owner falls outside section 5 if held by public auction
A gift falls outside section 5 because no consideration passes
Answer and explanation
Section 5 covers transfer by act of parties: a living person conveying property to one or more living persons. A sale in execution of a court decree is a transfer by operation of law, and under section 2(d) the Act does not affect it except as provided by section 57 and Chapter IV. A voluntary sale by an owner stays a transfer by act of parties even when held by public auction, and a gift is within section 5 because the definition does not require consideration.
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