Safeguarding Against Fradulent Transfer of Property : Civil Law Enforcement

Fraudulent transfers, as defined under the Transfer of Property act entail two kinds of transfers which are voidable at the instance of the aggrieved parties. The present paper analyses the ambit of Section 53 of the Act, the essential elements of fraudulent transfers and the enforcement of these transfers if they are rendered void. The paper also delves into the jurisprudential development of the same in India and other countries through judicial pronouncements and also deals briefly with the exceptions of these transfers as provided by the legislature.Real estate fraud accounts for almost 38% of all real estate transactions in India.1 The figure, while alarming, reflects the stark reality of a country where property fraud is rampant and pervasive. A solution exists in the form of the Transfer of Property Act, 1882, a piece of pre-independence legislation which is still the foremost law governing the transfer of property in India. The act seeks to regulate the transfer of property, and also provides for protections against the fraudulent transfer of property. The Indian law rightfully provides remedy against such transfers and the paper delves into the provisions of Indian Legislature to obtain such remedies which are entailed in the Code of Civil Procedure,1908 and Specific Relief Act,1963