Electricity is a very important form of energy which can be easily converted into other forms of energy. Electricity can be produced at one place and can be transmitted to long distances. Electricity is a branch of Physics which deals with charges, stationary and moving. For convenience, electricity is divided into two types: static electricity and current electricity. The pioneers of this branch Physics are Gilbert, Thale, Faraday, Benjamin Franklin, Ampere, Volta, Coulomb, Thevenin, and Maxwell.

Structure of Atom:

An atom consists of positively charged protons, negatively charged electrons, and neutral neutrons. The total number of protons in an atom is equal to the total number of electrons. Thus net positive charge balances the net negative charge. Hence atom is electrically neutral.

Protons and neutrons are present in central core called nucleus. Hence nucleus carries a positive charge. The negatively charged electrons revolve around the positively charged nucleus in circular orbits. There is force attraction between the negatively charged electrons and the positively charged nucleus which provides the necessary centripetal force for the circular motion of electrons around the nucleus.

The attractive force between the electron and the nucleus decreases with the increase in the distance of the electron from the centre of the nucleus. Thus the electrons present in the last orbit and last subshells (orbitals) are loosely attached to the nucleus. These orbitals are called valence orbitals and such electrons are called valence electrons,

By applying suitable method, these valence electrons are removed from valence orbitals and made to move in a particular direction or can be made to transfer to another substance.

Frictional Electricity:

Thale’s Experiment:

Around 600 BC (Before Christ), a Greek mathematician Thales discovered that amber (a resinous material) rubbed with animal fur attracted light objects like pieces paper, feathers, and treads.  Both the amber and the fur acquired this property of attracting lighter objects. Amber in the Greek language is called ‘electron’. From this word, Thale coined a word ‘electricity’. Even though other people may have noticed this before, Thales was the first to record his findings. We don’t have his writings, but from other people’s reports of his work, we can guess at his experiments. At this time, magnetism was also confused with static electricity. In this experiment, it is said that the amber and fur have acquired electrical property and process of acquiring electrical property is called electrification.

Explanation:

When a body is rubbed over another, the transfer of valence electrons from one substance to another takes place. The body which loses valence electrons become electron deficient and acquires a positive charge, while the body which gets the electrons becomes electron rich and acquires a negative charge. As the electricity is produced by rubbing (friction), this electricity is called as frictional electricity.

A charge may be defined as the amount of electricity present in a body. S.I. unit of charge is coulomb (C) named after Charles Coulomb. It is a scalar quantity and its dimensions are [L^oM^oA¹T¹].

Gilbert’s Experiment:

In the early sixteenth century, Gilbert performed the similar example as Thales had performed but he used other materials like a glass rod, ebonite rod etc. He also gave characteristics of charges developed on the bodies.

When a glass rod is rubbed with a silk cloth, the loosely attached valence electrons of glass rod get transferred to the silk cloth. Thus in case of glass rod becomes electron deficient and acquires a positive charge, while the silk cloth has the excess of negative charge and acquires a negative charge. The total charge of the system i.e. the glass rod and the silk cloth remains zero.

When an ebonite rod is rubbed with a fur, the loosely attached valence electrons of fur get transferred to the ebonite rod. Thus ebonite rod has e the cess of electrons and acquires a negative charge, while the fur is electron deficient and acquires a positive charge. The total charge of the system i.e. the ebonite rod and the fur remains zero.

Gilbert charged two glass rods and found that the two glass rods repel each other. Then he charged two ebonite rods and found that the two ebonite rods repel each other. From this, he concluded that the like charges repel each other. He charged glass rod and bought a charged ebonite rod near to glass rod, he found that the two rods attract each other. From this, he concluded that the unlike charges attract each other.

Thus there are two types of charges positive and negative. Charge produced on glass rod by rubbing it with a silk cloth is considered as a positive charge, while charge produced on ebonite is considered as a negative charge.

For electrification, two material bodies are involved. The following list gives some objects which are arranged in the order such that if the two objects from the list are rubbed together, they get electrified. The object appearing first in the list acquires a positive charge and the object which appears later in the list acquires a negative charge.

Characteristics of Charges:

• There are two types of charges, namely positive and negative.
• Like charges ( positive and positive or negative and negative) repel each other. Unlike charges (positive and negative) attract each other.

• When neutral body accepts excess of electrons then it acquires a negative charge, while a neutral body loses electrons, then it acquires a positive charge.
• The total charge on a body (either positive or negative) is an integral multiple of the magnitude of the charge on an electron.
• When a glass rod is rubbed with a silk cloth, the glass rod acquires a positive charge and the silk cloth acquires negative charge, but the total charge of the system i.e. combined charge on a glass rod and silk cloth is zero.

• The charge per unit surface area is called surface charge density. It is more at sharp curves and pointed tips. The charge always remains on the outer surface of a conductor. On the uniform surface, it gets distributed uniformly.

• If the charge is produced on insulator, then it remains stationary at the supplied position on the insulator, while if the charge is produced on a conductor, then it gets distributed on the surface of the conductor.
• The charge supplied to a conductor always reside on the outer surface.
• Electrical charge is a scalar quantity.

Experiments to Study Characteristics of Electrical Charges:

Coulomb’s or Biot’s Experiment:

Coulomb demonstrated that charge always resides on the outside surface of a conductor with the aid of two hemispherical cups called Coulomb’s hemispheres which fitted exactly round an insulated metal sphere. These Coulomb’s hemispheres have insulating holders attached to them.

The sphere mounted on the insulated stand is first charged, and afterwards, the hemispheres are fitted over it by holding at insulating handles. On removing the hemispheres they are found to be charged, but the sphere becomes chargeless. This shows that all the charge on the sphere must have passed to the outside of the hemispheres.

Faraday’s Butterfly Net Experiment:

Michael Faraday used an insulated cotton net to act as a hollow conductor. at cone apex of the net, a silk thread is attached which extends on both the sides, pulling which the net surfaces can be turned inside out.

The charge is given to inside surface of the net and it is observed that the charge gets distributed on the outer surface of the net.

Now the string is pulled from the ringside so that the surfaces flip. i.e. the inside surface becomes the outside surface and the outside surface becomes the inside surface. Again charge is found residing on the outer surface.

Atmospheric Electricity:

Benjamin Franklin discovered atmospheric electricity. When he was flying a kite made up of silk cloth and iron wire as the cross of the kite on a rainy day, he got electricity shocks through the silk thread connected to the kite. From this, he concluded that the clouds contain electric charges.

Reason for the Charge on Clouds:

The heat from the sun and hot air causes evaporation of water bodies like the sea, river, etc. to vapourize. These vapours rise to height and get accumulated in the sky. This accumulation of vapour particles is the cause of formation of clouds.

When the molecules of cloud rub with each other, and thus they get charged due to friction. A large amount of electrostatic charge (either positive or negative) gets accumulated on the clouds, resulting in the increase in its electrical potential.

When two clouds of high electrical potential but carrying opposite charges come to each other, the air between them gets ionized and the electrons jump from negatively charged cloud to positively charged cloud. It produces a dazzling white streak of light called the lightning.

During lightning, a large amount of heat is produced, which creates pressure waves, which are transferred in all the directions, and produce a very loud sound called the thunder.

Sometimes during lightning, the accumulated charge on clouds tends to conduct to the surface of the earth. It is to be noted that the charge ties to strikes a conductor that is very near to it like tall buildings and trees. A negatively charged cloud induces a positive charge at the top of the building and a negative charge at its base. Thus a potential difference is created between the top and base of the building. During the rain, the moist air creates a path between the cloud and the top of the building creating a path for the flow of the charge. When the electrons from the cloud reach the top of the building a very high current is set between the top of the building towards the base, which may cause a fire to the building. Thus lightning can have a very devastating effect. To protect high rise buildings from this destruction a lightning rod is put at the top of the building which is connected to the earth. Thus now the electrical current has the easy path through the lightning rod. When a charge is received it is passed to the ground through the lightning rod and not through building itself. Thus the building is safeguarded from the devastating effect of the lightning.

Science > Physics > Electrostatics > Introduction to Static Electricity

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In this article, we shall study the concept of quantization of electric charge and the principle of conservation of electric charges.

The fact that all observable charges are always some integral multiple of elementary charge e = 1.6 × 10^-19 C is known as quantization of electric charge.

Thus q = ± ne, where n = 1, 2, 3, …..

e = 1.6 × 10^-19 C is the magnitude of the lowest possible charge which is carried by an electron and proton. The cause of the quantization of electric charge is due to the fact that when one body is rubbed with the other, an integral number of electrons are transferred. There is no scientific explanation for quantization of electric charge in electrodynamics theory and modern physics but it can be verified experimentally.

At the microscopic level, Gell-Mann and Zweig postulated that all elementary particles are built out of more elementary constituents called quarks. Protons and neutrons are made up of two types of quarks i) up quarks denoted by ‘u’ carrying charge +2e/3 and ii) down quarks denoted by ‘d’ carrying charge – e/3. According to quark model the composition of proton is (uud) carrying charge (2e/3 +2e/3 – e/3 = e) and that of neutron is (udd) carrying charge (2e/3 – e/3 – e/3 = 0). Till now the existence of quarks is not detected experimentally but their existence is proved indirectly. In future when they are detected experimentally only we have to change the definition of quantization from e to e/3. The idea of quantization will remain the same.

Coulomb is not a Practical Unit or it is Very Large Unit:

Let us consider a body giving 1 billion (10⁹) electrons per second. Let us calculate the time to create a charge of 1 C

We have q = ne

∴ Number of electrons required = n = q/e = 1/1.6 × 10^-19 = 6.25 × 10¹⁸

Time for obtaining these electrons = t = 6.25 × 10¹⁸/ 10⁹

= 6.25 × 10⁹ seconds =  6.25 × 10⁹/ (365 × 24 × 60 × 60) = 198.2 years

This indicates that the coulomb is a very large unit, hence practical units like milicoulomb (mC), microcoulomb(μC), nanocoulomb (nC) are used.

Principle of Conservation of Charges:

Electric charge can neither be created nor be destroyed but it is transferred from one part of a system to another part of the system so that the total charge of an isolated system remains constant.

Illustration – 1:

When a glass rod (electrically neutral) is rubbed with a silk cloth (electrically neutral), the loosely attached valence electrons of the glass rod get transferred to the silk cloth. Thus in case of glass rod becomes electron-deficient and acquires a positive charge, while the silk cloth has the excess of negative charge and acquires a negative charge. The total charge of the system i.e. the glass rod and the silk cloth remains zero.

Illustration – 2:

When a γ ray photon having energy equal or greater than 1.01 MeV passes near very close to the nucleus, the electric field created by the nucleus would annihilate γ rays photon and create a pair of an electron and positron. This phenomenon is known as pair production. It is represented as

γ   → e^–   +  e⁺

We can see that the total charge on either side is equal (zero)

Illustration – 3:

When electron and positron come very close to each other, they disappear forming two γ ray photons each of energy o.51 MeV. This phenomenon is known as annihilation of matter. It is represented as

e^–  + e ⁺  →  γ   +   γ

We can see that the total charge on either side is equal (zero)

Illustration – 4:

Consider the following reaction showing α decay of uranium.

₉₂U²³⁸  →  ₉₀U²³⁴  +  ₂He⁴

We can see that the total charge on either side is equal (+ 92e)

Illustration – 5: 

Consider nuclear fission reaction

₉₂U²³⁵  +  ₀n¹  → ₁₅₆Ba¹⁴¹  +  ₃₆Kr⁹²   + 3 ₀n¹ + Energy

We can see that the total charge on either side is equal (+ 92e)

Electric charges have additive nature. The total electric charge on a body is equal to the algebraic sum of all the electric charges located anywhere on the body. When doing the algebraic sum due importance should be given to the sign (positive or negative) should be given.

Numerical Problems:

Example – 01:

How much electronic charge is required to make 1 coulomb.

Given: Total charge = q = 1 C, Electronic charge = e = 1.6 × 10^-19 C

To find: Number of electronic charge = n =?

Solution:

We have q = ne

∴ n = q/e = 1/1.6 × 10^-19 = 6.25 × 10¹⁸

Ans: Number of electronic charge is 6.25 × 10¹⁸

Example – 02:

How many electrons should be removed from a conductor so that it acquires a positive charge of 3.5 μC.

Given: Total charge = q = 3.5 μC = 3.5 × 10^-6 C, Magnitude of the charge on electron = e = 1.6 × 10^-19 C

To find: Number of electrons removed = n =?

Solution:

We have q = ne

∴ n = q/e = 3.5 × 10^-6/1.6 × 10^-19 = 2.1875 × 10¹³

Ans: Number of electrons removed is 2.1875 × 10¹³

Example – 03:

Calculate the positive charge and negative charge on the water in a cup holding 250 g of water.

Given: Mass of water

To find: Number of electrons = n =?

Solution:

The molecular formula for water is H₂O. Its molecular mass is 18 g mol^-1

Number of Moles of water = Given mass/molecular mass = 250 /18 = 13.89

1 mol of   water contains 6.022 × 10²³ molecules of water

Number of molecules in 13.89 moles of water = 13.89 × 6.022 × 10²³

Number of molecules in 13.89 moles of water = 83.66 × 10²³

Each molecule of water contains 2 hydrogens (1 electron each) and 1 oxygen (8 electrons)

Number of electrons in each water molecule = 1 × 2 + 8 × 1 = 10

Total number of electrons in a cup = 83.66 × 10²³ × 10 = 83.66 × 10²⁴

Total negative charge on water = 83.66 × 10²⁴ × 1.6 × 10^-19 =1.34 × 10⁷ C

As water is electrically neutral, total positive charge=1.34 × 10⁷ C

Ans: The total negative charge is – 1.34 × 10⁷ C and the total positive charge is + 1.34  × 10⁷ C

Example – 04:

Find the number of electrons moving through an electric bulb per second, rated with power 100 W at 230 V.

Given: Power of bulb = P = 100 W, Voltage = V = 230 V

To find: Number of electrons passed = n =?

Solution:

P = VI =V q/t

∴ q = P t /V = (100 × 1)/230 = 0.4348 C

∴ n = q/e = 0.4348/1.6 × 10^-19 = 2.72 × 10¹⁸

Ans: Number of electrons passed is 2.72 × 10¹⁸

Example – 05:

Two identical spheres carrying charges -2 μC and 14 μC are made to contact each other and then separated. Find charge on each sphere after separation

Given: Charge on first sphere q₁ = -2 μC, Charge on the second sphere = q₂ = 14 μC

To find: Charge on each sphere =?

Solution:

Total charge on the system = -2 + 14 = 12 μC

As the two spheres are identical the charge will get equally distributed among them

Hence charge on each sphere = 12/2 =6 μC

Science > Physics > Electrostatics > Quantization of Electric Charge

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In this article, we shall study methods of charging of body and different apparatus used for detection of charge on the body.

Charging of Body:

Charging by Friction:

When a body is rubbed to another, there is a transfer of electrons from one body to another due to friction.  The body losing electrons is positively charged and the body gaining electrons is negatively charged. The amount of gained and the lost electrons is equal to each other. Hence the total charge of the system is conserved.

When a glass rod is rubbed with a silk cloth, the glass loses electrons and gets positively charged while the silk cloth gains electrons and gets negatively charged.

Charge Producers:

The charge producers consist of two wands, one with dark coloured material and one with white coloured material attached to a conductive disk. After rubbing the dark and white surfaces of the two charge producers together. The disk with the white surface will acquire a positive charge; the disk with the dark surface will acquire a negative charge.

Charging by Conduction:

In the electrically neutral body, there are equal numbers of electrons and protons. The body can be charged by changing this balance by some external agency.

When a negatively charged rod touches the neutral body mounted on an insulating stand, then some of the electrons from the rod pass to the neutral body. As a result, the neutral body is negatively charged by contact due to the conduction of electrons from the negatively charged rod to the neutral body.

If the rod is positively charged, then some of the electrons from the neutral body pass to the rod and the neutral body becomes electron-deficient and acquires a positive charge by contact due to the conduction of electrons from the neutral body to the positively charged rod.

When a charged object touches to a neutral object, they both have the same charge. after contact, they start repelling each other due to the same nature of the charge. When two charged bodies touch each other, the total charge of the system is conserved and they share the total charge according to their capacities.

Charging by Induction:

Conductors can also be charged without contact. Let us consider a negatively charged rod is brought near (without contact) a neutral body mounted on an insulating stand, which is a good conductor of electricity. The rod repels the electrons in the conductors. Hence electrons move towards the far end and protons stay at near end Thus, the near end acquires positive charge while the far end acquires a negative charge. The total charge is zero. Now the far end is grounded. The negative charge on the far end is a free charge it moves towards the earth, while the positive charge is a bound charge remains on the body. Now earthing is removed at the negatively charged rod moved away, the body retains the positive charge.

Let us consider a positively charged rod is brought near (without contact) a neutral body mounted on an insulating stand, which is a good conductor of electricity.The rod attracts the electrons in the conductors. Hence electrons move towards the near end and protons stay at the far end Thus, the near end acquires negative charge while the far end acquires a positive charge. The total charge is zero. Now the far end is grounded. The positive charge on the far end is a free charge it is neutralized, while the negative charge is a bound charge remains on the body. Now earthing is removed at the negatively charged rod moved away, the body retains the negative charge.

Detection of Charge on a Body:

Proof Plane:

A proof plane is used for detection of charge. If the size of a body to be tested is very large, then an instrument called proof plane is used. The proof plane is brass or an aluminium-covered conductive disk attached to an insulated handle. It is used to carry the sample of the charge on charged conductive surfaces to transfer to the electroscope.

To collect a sample, the proof plane is rested on the surface of a charged body. When the proof plane is detached it carries the same nature of charge as that carried by the charged body.

Gold Leaf Electroscope:

This instrument is used for the detection of charge and measuring static electricity. It works on the principle that the like charges repel each other.

It consists of an evacuated glass jar placed on a nonconducting surface like wood. The mouth of the jar is sealed. A brass rod passes through the seal. inside the jar, at the lower end of the brass rod, two flattened gold foils are fixed parallel to each other. Sometimes only one gold foil is fixed and thin brass plate at the lower end of the brass rod acts as a parallel plate. At the bottom and lower lateral sides of the jar, tin foils are fixed (optional), which help the gold foils to retain their charge for a longer time.  A brass disc is provided at the top of the brass rod.

When a charge is put on the disc at the top it spreads down to the plate and the gold leaves. Now both the leaves and plate will have the same charge. Similar charges repel each other and hence the leaves diverge from each other. Bigger the charge the more is the divergence of the leaves.

After the use of electroscope, the gold leaves can be made to come together by touching the disc or earthing the disc of the electroscope.

The electroscope can be charged in two ways: (a) by contact – a charged rod is touched on the surface of the disc and some of the charges are transferred to the electroscope. This is not a very effective method of charging the electroscope. or (b) by induction – a charged rod is brought up to the disc and then the electroscope is earthed, the rod is then removed. The two methods give the gold leaf opposite charges.

Pith Ball Electroscope:

A pith ball electroscope is a pith ball hanging from a copper hook by help pf a silk thread. It is used to test whether an object is charged or not.

When a non-charged object is brought near a non-charged pith ball electroscope, the pith ball will not move. If the object is charged then the pith ball will move towards the charged object because it is attracted to it.  Now both the pith ball and charged object has same nature of charge hence the pith ball moves away from the charged object. Now if the oppositely charged body is brought near the pith ball it gets attracted. The extent of repulsion or attraction depends on the strength of a charge on the charged body.

Science > Physics > Electrostatics > Charging a Body and Detection of Charge

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As the transfer of property means conveying of property i.e., creation of new title or interest in the favour of the transferee, if new title or interest has not created in favour of the transferee, the property cannot be said to be conveyed, thus no transfer of property.

Partition:

Partition is not considered as a transfer of property because nothing new is obtained by a co-sharer on the partition, it is not a transfer of property. His specific share, which vested in him earlier, is simply separated. Courts in India have given different views in this regard.

In Soniram v. Dwarkabai 53 BLR 325 case the Bombay High Court held that the partition amounts to a transfer, inasmuch as it involves a conveyance by co-sharers of their respective right, title, and interest in the property. The same view was reiterated by the Bombay High Court in Jagannath Puri v. Godabai AIR 1966 Bom 25 and Dahyabhai v. State of Bombay 62 BLR 348 cases. The same view was taken by Lahore High Court in Sadhu Ram v. Priti Singh, AIR 1936 Lah 220 case.

However, in Panchali v. Panniyodan Manni Air 1963 Ker 66 case, the full bench of the Court overruled previous decisions and held that the partition does not amount to a transfer as defined in S. 5 of the T. P. Act.

In Radhakrishnayya v. Sarasamma ILR 1951 Mad 607 case, the Court held that the partition does not amount to a transfer as defined in S. 5 of the T. P. Act. For the purpose of S. 53(A) of the T. P. Act.

In Stremann v. Commissioner of Income Tax, AIR 1962Mad 26 case, the Court held that the partition does not amount to a transfer for the purpose of S. 16(3)(a)(iv) of the Income Tax Act.

In Commissioner of Income Tax v. Keshavlal, AIR 1965 SC 866 case, the Supreme Court approved the view of Madras High Court and from this decision henceforth the partition does not amount to a transfer as defined in S. 5 of the T. P. Act as there is no transfer of asset.

In Aralappa v. Jagannath AIR 2007 Kar 91 case, the Court held that partition is not a transfer, the reason being that no conveyance is involved because everyone has the antecedent title.

In Amb Singh and Anr. vs. Sub-Divisional Officer and Ors., 1996 (3) WLC 431  case, the Court has differentiated between partition and transfer. The Court in its judgment says that “’Partition’ is a division of the property between coparceners/co-tenants resulting in individual ownership/tenancy of interest of each co-parceners/co-tenants; while ‘transfer’ is an act of a party by which the title of the property is conveyed from one person to another. ‘Partition’ under the Hindu Law, puts an end to the unity of the title, ownership, and possession of the property between the co-parceners. In the partition, there is a severance of joint status and of the unity of possession between the co-owners/co-tenants. Partition neither creates any new title in a co-owner/co-tenant in the property nor is there any fresh acquisition of the property. It only enables the parties to know which particular property or portion thereof is their individual exclusive-share in the property. By partition, the subsisting joint title of the co-owner/co-tenant in the joint property transforms into their separate title in respect of the property which came to their share. In a transfer, the transferee acquires the right and title in the property which did not vest in him earlier. Thus, ‘partition’ of the joint property cannot be treated as a ‘transfer of the property’ between individual co-parceners or co-tenants. Partition of co-parcenary property, therefore, cannot be regarded as a ‘transfer of the property’ because the co-parceners have an antecedent right in the entire co-parcenary property”.

Relinquishment:

Relinquishment of right is referred to as the surrender of one’s ownership rights and claims in a property in favor of another person. Relinquishment is a Release Deed and shows extinguishment of a right, hence it cannot be considered as a transfer. It is not defined under the Transfer of Property Act but is an established practice. 

In Provident Investment Co. v. Commissioner of Income Tax AIR 1954 Bom 95 case, the Court held that a relinquishment or a Release Deed necessarily involves extinguishment of right, and therefore, it cannot amount to a transfer within the meaning of S. 5 of the T. P. act, as there is nothing left to transfer.

In Muniappa Pillai v. Periasami, (1975) IMLJ 236 case, the Court held that if the person in whose favour the release is executed, gets certain rights by virtue of such a release, the transaction may amount to a transfer. A similar view was expressed by the Court in Hassina Banu v. Shiv Narayan, Air 1968 MP 307 case.

In Gangabai Bapasa Hadapad v. Mahagundappa Shankarappa Hadapad, AIR 2006 NOC 142 Kar case, it was shown in a partition suit that one of the members has relinquished his right by way of waiver. It was held that this did not amount to transfer and the deed of relinquishment was compulsorily registrable. The failure to implead such member did not affect the suit. The suit was not to be treated as bad for non-joinder of a necessary party.

Surrender:

A deed of surrender is a legal document that transfers property ownership for a given time period provided certain conditions are met. A deed of surrender lets one party, such as a renter, relinquish his or her claims on a particular piece of property to a landlord or other party that holds the underlying title. Once the deed of surrender has been signed, any outstanding claims on the property can be resolved. Surrender is merging of lesser interest into greater interest in such a manner that the greater interest is not enlarged.

In Natwarlal v. Dadubhai, 56 BLR 447 case, The surrender of a life estate by a Hindu widow is not a transfer since it amounts to an act of self-effacement by the widow and accelerates the succession to her husband’s estate.

In Makhanlal v. Nagendranath, 60 Cal 379 case the Court held that the surrender of leases is not a transfer within the meaning of S. 5 of the T. P. Act, as it is a merger of a leases estate with a greater one.

Easement:

According to the Indian Easements Act, 1882 an easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

No conveyance can be done in an easement, hence easement is not a transfer of property.

In Sital Chandra v. Delanney, 20 C W.N. 1158 case, the Court held that the creation of easement does not amount to a transfer. A similar view was taken in Traders Miners Limited v. Dhirendra 23 Pat 115 case.

Will:

Under the Indian Succession Act, 1925, a will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. It is a unilateral document and takes effect after the death of the person making it.

A will does not fall within the definition of transfer within the meaning of S. 5 because a will operates from the death of the person making it, whereas the definition given in S. 5 of the T. P. Act contemplates a transfer by a living person.

Compromise:

Compromise means an agreement of settlement of doubtful claims between the parties with respect to some Property. It is also not a transfer.

In Sonepallii Mutyaly v. Virayya AIR 1946 Mad 452case, the Court held that when one of the parties to the settlement had given up a claim to receive a sum of money from the other, in consideration of latter’s giving up the right to certain property claimed by him, it would amount to transfer.

In Barati Lal v. Salik Ram 38 All 107 case, the Court held that the compromise arrangement between the parties amounted to transfer. However, it is a question of the fact to be answered on the basis of facts and circumstances of each case. A similar view was given in Hussina Banu v. Shivnarayan, AIR 1968 M.P. 307 case by the Court.

In Kalia Barik v. Tikeswar Deo, AIR 2007 NOC 1049 (Ori) case, the Court held that a suit for specific performance cannot be refused only on the ground that it was not registered. It could be directed in decree that it be registered in compliance of the requirement of registration.

Family Settlement:

A family arrangement is a settlement between members of the same family. The family arrangement is an agreement by members of the family to divide and hold family property separately in accordance with the agreement.

The Family arrangement is a settlement between members of the same family intended to be generally and reasonably for the benefit of the family either by compromising doubtful or disputed rights or preserving family property or peace and security of family by avoiding litigation or by saving its right.

In Sahu Madho Das v. pt. Mukund Ram (1955) 2 SCR 22 case, the Court observed that in case of family arrangement, there is an antecedent title of some sort in the parties and the agreement acknowledges and defines what that title is, each party relinquishing all claims to property other than that falling to his share and recognizing the right of the others as they have previously asserted it, to the portions allotted to them respectively. Therefore family arrangement is not a transfer.

Charge:

A charge means an interest or right which a lender or creditor obtains in an asset. A charge on the property is not a transfer.

In Gobinda v. Dwarkanath, 35 Cal 837 case, the Court held that a charge on a property is not a transfer within the meaning of S. 5 of the T. P. Act, as the only right created by such a charge is right to payment out of the property subject to the charge.

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Law > Civil Laws > Transfer of Property Act > Acts Amounting to No Transfer of Property

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