Transfer of Property Act 1882

 

CHAPTER I PRELIMINARY

Section 1 of Transfer of Property Act 1882 : "Short title"

1. This Act may be called the Transfer of Property Act, 1882.


Commencement.

It shall come into force on the first day of July, 1882.

Extent

It extends in the first instance to the whole of India except 1the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of Bombay, Punjab and Delhi.
But this Act or any part thereof may by notification in the Official Gazette by extended to the whole or any part of the said territories] by the State Government concerned.

And any State Government may, from time to time , by notification in the Official Gazette, exempt, either retrospectively or prospectively, any part of the territories administered by such State Government from all or any of the following provisions, namely :-

Sections 54, paragraphs 2 and 3, 59, 107 and 123.

Notwithstanding anything in the foregoing part of this section, sections 54, paragraphs 2 and 3, 59, 107 and 123 shall not extend or be extended to any district or tract of country for the time being excluded from the operation of the 1Indian Registration Act, 1908 (16 of 1908), under the power conferred by the first section of that Act or otherwise.

 

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

 

CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
A - Transfer of property, whether movable or immovable

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 created

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 - Transfer to class some of whom come under 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 - Fulfillment 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 - Fulfillment 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

 

A-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 Immovable 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

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 SALES OF IMMOVABLE PROPERTY

Section 54 - Sale defined

Section 55 - Rights and liabilities of buyer and seller

Section 56 - Marshalling by subsequent purchaser

Section 57 - Provision by Court for incumbrances, and sale freed therefrom

 

CHAPTER IV OF MORTGAGES OF IMMOVABLE PROPERTY AND CHARGES

Section 58 - Mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed defined

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

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

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 safe

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 - Right of subsequent mortgagee to pay off prior mortgagee

Section 75 - Rights of mesne mortgagee against and subsequent mortgagees

Section 76 - Liabilities of mortgagee in possession

Section 77 - Receipts in lieu of interest

 

Priority

Section 78 - Postponement of prior mortgagee

Section 79 - Mortgage to secure uncertain amount when maximum is expressed

Section 80 - Tacking abolished

 

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

Section 84 - Cessation of interest

 

Suits for foreclosure, sale or redemption

Section 85 - Parties to suits for foreclosure, sale and redemption

Section 86 to 90 Foreclosure and sale

 

Redemption

Section 91 - Persons who may sue for redemption

Section 92 - Subrogation

Section 93 - Subrogation

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 - Application of proceeds (Repealed)

 

Anomalous mortgages

Section 98 - Rights and liabilities of parties to anomalous mortgages

Section 99 - Attachment of mortgaged property (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 IMMOVABLE PROPERTY

Section 105 - Lease 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

Section 109 - Rights of lessor's transferee

Section 110 - Exclusion of day on which term commences

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

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

Section 128 - Universal donee

Section 129 - Saving of donations mortis causa and Muhammadan law

 

CHAPTER VIII TRANSFERS OF ACTIONABLE CLAIMS

Section 130 - Transfer of actionable claim

Section 130A - Transfer of policy of marine insurance (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 - Assignment of rights under policy of marine insurance (Repealed)

Section 136 - Incapacity of officers connected with Courts of Justice

Section 137 - Saving of negotiable instruments, etc