Confusion in CPC: Section 62 vs Transfer of Property Act
cpc clat_ug beginner concept_confusionSo I was going through the Indian Contract Act and CPC, and this one thing was bugging me. Section 62 of the Indian Contract Act (don't ask me why it's in the Contract Act) says that an agent can transfer property on behalf of the principal. But then I looked at the Transfer of Property Act, specifically Section 55, which says that if a property is transferred without consideration, it's a gift, and a gift requires delivery of possession. But in CPC, Section 58(a)(ii) says that an agent can transfer property through delivery of possession to a third-party buyer, even if the principal didn't do it themselves. But then how does that fit with the Transfer of Property Act? Is it just me or is this a contradictory mess? Any CLAT UG or law students out there have an explanation?
Maine bhi ye sawaal kiya tha sir. Section 62 CPC aur Transfer of Property Act mein confusion hain kya? Main agree hoon ki wo dono alag-alag contexts mein kaam karte hain. Section 62 CPC ki definition transfer of property ke liye applicable hai jab Transfer of Property Act ke rules nahi hote. Sir, aapke views hai?