There are a lot of statutes governing the same, and what
is more, many of them consist of provisions that certainly belong to a bygone era.
Our English masters made pretty sure that none but professionals from the field
of law should be able to understand the statutes - the sentences are long, go
on without a pause or break and are thoroughly confusing and mystifying. It is
plain to even a student of law that they are unnecessarily twisted and what
they say could be said so much more in brief and in an easily understood
manner.
The very definition of property is like a labyrinth, with the distinctions
and classification being so insensible that no consensus can be reached as to
what they mean! When a comparison is drawn with English law, things are so
utterly simple that one cannot but say that the British, when drafting the
Transfer of Property Act, 1882 for India must have chuckled as they
thought of how the natives would scratch their heads about the words of the
Act.
How the Courts interpret these terms is even more puzzling - there are a
number of conflicting judgements one can come across with just a quick perusal
of books on the subject.
The provisions remain outdated, and many of them are redundant and
superfluous. If only they were to be updated, the statute would make so much
more sense and would serve its purpose better (of course, we would save
valuable trees at the same time as the statute would require less paper for
printing!).
The statutes also happen to make way for innumerable customary laws that
further complicate the scene and make certainty impossible.
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