Last reviewed: 5 September 2026
About the Transfer of Property Act, 1882
The Act came into force on 1 July 1882. It regulates key forms of voluntary property transfer, including transfers of movable and immovable property, sales, mortgages and charges, leases, exchanges, gifts and actionable claims.
Section 1 - Short title, commencement and extent
Short title: This Act may be called the Transfer of Property Act, 1882.
Commencement: It came into force on 1 July 1882.
Extent: Section 1 contains the Act's historical territorial-extension and State-notification provisions. For authoritative wording and territorial application, consult the current official text and applicable State notifications.
Complete section-wise index
Section 2 - Repeal of Acts - Saving of certain enactments, incidents, rights, liabilities, etc
Section 3 - Interpretation clause
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 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 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 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 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 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 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 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
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 - 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
Section 84 - Cessation of interest
Suits for foreclosure, sale or redemption
Section 85 - Repealed
Sections 86 to 90 - Repealed
Redemption
Section 91 - Persons who may sue for redemption
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 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 106 - Duration of certain leases in absence of written contract or local usage
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 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 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 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
