Transfer basics: capacity, conditions and competing rights

Section 5 concerns transfers by living persons. Section 6 starts from transferability but lists exceptions, including a mere chance of succession and a mere right to sue. Do not confuse a presently owned interest with an expectation of inheriting it later.

Section 7 connects competence to contract with entitlement or authority to dispose of the property. Section 8 describes what passes unless a different intention is expressed or necessarily implied. Identify the particular share or interest before assuming that the whole property changes hands.

Sections 10–14 distinguish restraints on alienation, interests created for unborn persons and the rule against perpetuity. Sections 19 and 21 distinguish vested and contingent interests: postponed enjoyment does not automatically make an interest contingent.

Section 48 supplies a priority rule for incompatible rights created at different times, subject to its qualifications. Section 52 deals with transfers during property litigation. Section 53A's part-performance protection is not itself a conveyance of ownership; registration law must also be considered.