Transfer of Property Act, 1882
Bare Act · 1882
An Act to amend the law relating to the Transfer of Property by act of Parties. Preamble.--.
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- Act number
- 4 of 1882
- Enacted
- 17 February 1882
- Contents
- 148 sections · 8 chapters
Free to read: the full English text of every section.
Contents
Chapter I — Preliminary
- Section 1 – Short title Commencement. Extent.
- Section 2 – Repeal of Acts Saving of certain enactments, incidents, rights, liabilities, etc.
- Section 3 – Interpretation-clause
- Section 4 – Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. (A) Transfer of Property, whether moveable or immoveable
Chapter II — Of Transfers Of Property By Act Of Parties
- Section 5 – “Transfer of property” defined
- Section 6 – What may be transferred
- Section 7 – Persons competent to transfer
- Section 8 – Operation of transfer
- Section 9 – Oral transfer
- Section 10 – Condition restraining alienation
- Section 11 – Restriction repugnant to interest cleated
- Section 12 – Condition making interest determinable on insolvency or attempted alienation
- Section 13 – Transfer for benefit of unborn person
- Section 14 – Rule against perpetuity
- Section 15 – T ransfer to class some of who m co me unde r sections 13 and 14
- Section 16 – Transfer to take effect on failure of prior interest
- Section 17 – Direction for accumulation
- Section 18 – Transfer in perpetuity for benefit of public
- Section 19 – Vested interest
- Section 20 – When unborn person acquires vested interest on transfer for his benefit
- Section 21 – Contingent interest
- Section 22 – Transfer to members of a class who attain a particular age
- Section 23 – Transfer contingent on happening of specified uncertain event
- Section 24 – Transfer to such of certain persons as survive at some period not specified
- Section 25 – Conditional transfer
- Section 26 – Fulfilment of condition precedent
- Section 27 – Conditional transfer to one person coupled with transfer to another on failure of prior disposition.
- Section 28 – Ulterior transfer conditional on happening or not happening of specified event
- Section 29 – Fulfilment of condition subsequent
- Section 30 – Prior disposition not affected by invalidity of ulterior disposition
- Section 31 – Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.
- Section 32 – Such condition must not be invalid
- Section 33 – Transfer conditional on performance of act, no time being specified for performance
- Section 34 – Transfer conditional on performance of act, time being specified Election
- Section 35 – Election when necessary Apportionment
- Section 36 – Apportionment of periodical payments on determination of interest of person entitled
- Section 37 – Apportionment of benefit of obligation on severance (B) Transfer of Immoveable Property
- Section 38 – Transfer by person authorised only under certain circumstances to transfer
- Section 39 – Transfer where third person is entitled to maintenance
- Section 40 – Burden of obligation imposing restriction on use of land or of obligation annexed to ownership but not amounting to interest or easement.
- Section 41 – Transfer by ostensible owner
- Section 42 – Transfer by person having authority to revoke former transfer
- Section 43 – Transfer by unauthorised person who subsequently acquires interest in property transferred.
- Section 44 – Transfer by one co-owner
- Section 45 – Joint transfer for consideration
- Section 46 – Transfer for consideration by persons having distinct interests
- Section 47 – Transfer by co-owners of share in common property
- Section 48 – Priority of rights created by transfer
- Section 49 – Transferee's right under policy
- Section 50 – Rent bona fide paid to holder under defective title
- Section 51 – Improvements made by bona fide holders under defective titles
- Section 52 – Transfer of property pending suit relating thereto
- Section 53 – Fraudulent transfer
- Section 53A – Part performance
Chapter III — Ofsales Ofimmoveableproperty
- Section 54 – “Sale” defined Sale how made. Contract for sale.
- Section 55 – Rights and liabilities of buyer and seller
- Section 56 – Marshalling by subsequent purchaser Discharge of Incumbrances on Sale
- Section 57 – Provision by Court for incumbrances and sale freed therefrom
Chapter IV — Ofmortgages Ofimmoveableproperty Andcharges
- Section 58 – “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money”and “mortgage- deed”defined. Simple mortgage. Mortgage by conditional sale. Usufructuary mortgage. English mortgage. Mortgage by deposit of title-deeds. Anomalous mortgage.
- Section 59 – Mortgage when to be by assurance
- Section 59A – References to mortgagors and mortgagees to include persons deriving title from them. Rights and Liabilities of Mortgagor
- Section 60 – Right of mortgagor to redeem Redemption of portion of mortgaged property.
- Section 60A – Obligation to transfer to third party instead of re-transference to mortgagor
- Section 60B – Right to inspection and production of documents
- Section 61 – Right to redeem separately or simultaneously
- Section 62 – Right of usufructuary mortgagor to recover possession
- Section 63 – Accession to mortgaged property Accession acquired in virtue of transferred ownership.
- Section 63A – Improvements to mortgaged property
- Section 64 – Renewal of mortgaged lease
- Section 65 – Implied contracts by mortgagor
- Section 65A – Mortgagor’s power to lease
- Section 66 – Waste by mortgagor in possession Rights and liabilities of Mortgagee
- Section 67 – Right to foreclosure or sale
- Section 67A – Mortgagee when bound to bring one suit on several mortgages
- Section 68 – Right to sue for mortgage-money
- Section 69 – Power of sale when valid
- Section 69A – Appointment of receiver
- Section 70 – Accession to mortgaged property
- Section 71 – Renewal of mortgaged lease
- Section 72 – Rights of mortgagee in possession
- Section 73 – Right to proceeds of revenue sale or compensation on acquisition
- Section 74 – [Repealed.]
- Section 75 – [Repealed.]
- Section 76 – Liabilities of mortgagee in possession Loss occasioned by his default.
- Section 77 – Receipts in lieu of interests Priority
- Section 78 – Postponement of prior mortgagee
- Section 79 – Mortgage to secure uncertain amount when maximum is expressed
- Section 80 – [Repealed.] Marshalling and Contribution
- Section 81 – Marshalling securities
- Section 82 – Contribution to mortgage-debt Deposit in Court
- Section 83 – Power to deposit in Court money due on mortgage Right to money deposited by mortgagor.
- Section 84 – Cessation of interest Suits for Foreclosure, Sale or Redemption
- Section 85 – [Repealed.] Foreclosure and Sale
- Section 86 – [Repealed.]
- Section 87 – [Repealed.]
- Section 88 – [Repealed.]
- Section 89 – [Repealed.]
- Section 90 – [Repealed.] Redemption
- Section 91 – Persons who may sue for redemption
- Section 92 – Subrogation
- Section 93 – Prohibition of tacking
- Section 94 – Rights of mesne mortgagee
- Section 95 – Right of redeeming co-mortgagor to expenses
- Section 96 – Mortgage by deposit of title-deeds
- Section 97 – [Repealed.] Anomalous Mortgages
- Section 98 – Rights and liabilities of parties to anomalous mortgages
- Section 99 – [Repealed.] Charges
- Section 100 – Charges
- Section 101 – No merger in case of subsequent encumbrance Notice and Tender
- Section 102 – Service or tender on or to agent
- Section 103 – Notice, etc., to or by person incompetent to contract
- Section 104 – Power to make rules
Chapter V — Of Leases Of Immoveable Property
- Section 105 – Lease defined Lessor, lessee, premium and rent defined.
- Section 106 – Duration of certain leases in absence of written contract or local usage
- Section 107 – Leases how made
- Section 108 – Rights and liabilities of lessor and lessee A.—Rights and liabilities of the lessor. B.—Rights and liabilities of the lessee.
- Section 109 – Rights of lessor’s transferee
- Section 110 – Exclusion of day on which term commences Duration of lease for a year. Option to determine lease.
- Section 111 – Determination of lease
- Section 112 – Waiver of forfeiture
- Section 113 – Waiver of notice to quit
- Section 114 – Relief against forfeiture for non-payment of rent
- Section 114A – Relief against forfeiture in certain other cases
- Section 115 – Effect of surrender and forfeiture on under-leases
- Section 116 – Effect of holding over
- Section 117 – Exemption of leases for agricultural purposes
Chapter VI — Of Exchanges
- Section 118 – “Exchange” defined
- Section 119 – Right of party deprived of thing received in exchange
- Section 120 – Rights and liabilities of parties
- Section 121 – Exchange of money
Chapter VII — Of Gifts
- Section 122 – “Gift” defined Acceptance when to be made.
- Section 123 – Transfer how effected
- Section 124 – Gift of existing and future property
- Section 125 – Gift to several, of whom one does not accept
- Section 126 – When gift may be suspended or revoked
- Section 127 – Onerous gifts Onerous gift to disqualified person.
- Section 128 – Universal donee
- Section 129 – Saving of donations mortis causa and Muhammadan law
Chapter VIII — Of Transfers Of Actionable Claims
- Section 130 – Transfer of actionable claim
- Section 130A – [Repealed.]
- Section 131 – Notice to be in writing, signed
- Section 132 – Liability of transferee of actionable claim
- Section 133 – Warranty of solvency of debtor
- Section 134 – Mortgaged debt
- Section 135 – Assignment of rights under policy of insurance against fire
- Section 135A – [Repealed.]
- Section 136 – Incapacity of officers connected with Courts of Justice
- Section 137 – Saving of negotiable instruments, etc THE SCHEDULE. THE TRANSFER OF PROPERTY ACT, 1882