Doctrine Of Fraudulent Transfer

Maroti M. Putwad, Maharashtra National Law University Nagpur

ABSTRACT

The Doctrine of Fraudulent Transfer stands as a bulwark against deceptive actions aimed at prejudicing creditors, deeply entrenched in both Indian and English legal systems. With Section 53 of the Transfer of Property Act, 1882, serving as a cornerstone in India, and pivotal cases like Twyne and Edwards v. Harben shaping English jurisprudence, this legal principle underscores a shared commitment to fairness and equity in property transactions. Through historical evolution and comparative analysis, this doctrine's essence, objectives, and applications come to light, shedding insight into its foundational principles. Critical examination of Section 53, alongside key judicial interpretations and precedents, illuminates the nuanced conditions governing fraudulent transfers. From the requirement of intent to delay or defeat creditors to the voidable nature of transfers and the significance of adequate consideration, each element is meticulously dissected. By synthesizing historical perspectives, legal provisions, and judicial interpretations, this research offers a comprehensive understanding of the Doctrine of Fraudulent Transfer, fostering clarity and informed discourse in the realm of property law.