VidhiSangh

Bare Act · 140 sections

Transfer of Property Act, 1882 (Transfer of Property)

Chapter I — Preliminary

  1. 1. Short title
  2. 2. Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc
  3. 3. Interpretation-clause
  4. 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

  1. 5. “Transfer of property” defined
  2. 6. What may be transferred
  3. 7. Persons competent to transfer
  4. 8. Operation of transfer
  5. 9. Oral transfer
  6. 10. Condition restraining alienation
  7. 11. Restriction repugnant to interest created
  8. 12. Condition making interest determinable on insolvency or attempted alienation
  9. 13. Transfer for benefit of unborn person
  10. 14. Rule against perpetuity
  11. 15. Transfer to class some of whom come under sections 13 and 14
  12. 16. Transfer to take effect on failure of prior interest
  13. 17. Direction for accumulation
  14. 18. Transfer in perpetuity for benefit of public
  15. 19. Vested interest
  16. 20. When unborn person acquires vested interest on transfer for his benefit
  17. 21. Contingent interest
  18. 22. Transfer to members of a class who attain a particular age
  19. 23. Transfer contingent on happening of specified uncertain event
  20. 24. Transfer to such of certain persons as survive at some period not specified
  21. 25. Conditional transfer
  22. 26. Fulfilment of condition precedent
  23. 27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition
  24. 28. Ulterior transfer conditional on happening or not happening of specified event
  25. 29. Fulfilment of condition subsequent
  26. 30. Prior disposition not affected by invalidity of ulterior disposition
  27. 31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
  28. 32. Such condition must not be invalid
  29. 33. Transfer conditional on performance of act, no time being specified for performance
  30. 34. Transfer conditional on performance of act, time being specified
  31. 35. Election when necessary
  32. 36. Apportionment of periodical payments determination of interest of person entitled
  33. 37. Apportionment of benefit of obligation on severance
  34. 38. Transfer by person authorised only under certain circumstances to transfer
  35. 39. Transfer where third person is entitled to maintenance
  36. 40. Burden of obligation imposing restriction on use of land
  37. 41. Transfer by ostensible owner
  38. 42. Transfer by person having authority to revoke former transfer
  39. 43. Transfer by unauthorised person who subsequently acquires interest in property transferred
  40. 44. Transfer by one co-owner
  41. 45. Joint transfer for consideration
  42. 46. Transfer for consideration by persons having distinct interests
  43. 47. Transfer by co-owners of share in common property
  44. 48. Priority of rights created by transfer
  45. 49. Transferee’s right under policy
  46. 50. Rent bona fide paid to holder under defective title
  47. 51. Improvements made by bona fide holders under defective titles
  48. 52. Transfer of property pending suit relating thereto
  49. 53. Fraudulent transfer
  50. 53A. Part performance

Chapter III — Of Sales of Immoveable Property

  1. 54. “Sale” defined
  2. 55. Rights and liabilities of buyer and seller
  3. 56. Marshalling by subsequent purchaser
  4. 57. Provision by Court for incumbrances and sale freed therefrom

Chapter IV — Of Mortgages of Immoveable Property and Charges

  1. 58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined
  2. 59. Mortgage when to be by assurance
  3. 59A. References to mortgagors and mortgagees to include persons deriving ti tle from them
  4. 60. Right of mortgagor to redeem
  5. 60A. Obligation to transfer to third party instead of re-transference to mortgagor
  6. 60B. Right to inspection and production of documents
  7. 61. Right to redeem separately or simultaneously
  8. 62. Right of usufructuary mortgagor to recover possession
  9. 63. Accession to mortgaged property
  10. 63A. Improvements to mortgaged property
  11. 64. Renewal of mortgaged lease
  12. 65. Implied contracts by mortgagor
  13. 65A. Mortgagor’s power to lease
  14. 66. Waste by mortgagor in possession
  15. 67. Right to foreclosure or sale
  16. 67A. Mortgagee when bound to bring one suit on several mortgages
  17. 68. Right to sue for mortgage-money
  18. 69. Power of sale when valid
  19. 69A. Appointment of receiver
  20. 70. Accession to mortgaged property
  21. 71. Renewal of mortgaged lease
  22. 72. Rights of mortgagee in possession
  23. 73. Right to proceeds of revenue sale or compensation on acquisition
  24. 76. Liabilities of mortgagee in possession
  25. 77. Receipts in lieu of interest
  26. 78. Postponement of prior mortgagee
  27. 79. Mortgage to secure uncertain amount when maximum is expressed
  28. 81. Marshalling securities
  29. 82. Contribution to mortgage-debt
  30. 83. Power to deposit in Court money due on mortgage
  31. 84. Cessation of interest
  32. 88. Decree of sale.] Rep. by s. 156 and V Schedule, ibid
  33. 89. Procedure when defendant pay amount due .] Rep. by s. 156 and V Schedule, ibid
  34. 90. Recovery of balance due on mortgage.] Rep. by s. 156 and V Schedule, ibid
  35. 91. Persons who may sue for redemption
  36. 92. Subrogation
  37. 93. Prohibition of tacking
  38. 94. Rights of mesne mortgagee
  39. 95. Right of redeeming co-mortgagor to expenses
  40. 96. Mortgage by deposit of title-deeds
  41. 98. Rights and liabilities of parties to anomalous mortgages
  42. 99. Attachment of mortgaged property.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s
  43. 100. Charges
  44. 101. No merger in case of subsequent encumbrance
  45. 102. Service or tender on or to agent
  46. 103. Notice, etc., to or by person incompetent to contract
  47. 104. Power to make rules

Chapter V — Of Leases of Immoveable Property

  1. 105. Lease defined
  2. 106. Duration of certain leases in absence of written contract or local usage
  3. 107. Leases how made
  4. 108. Rights and liabilities of lessor and lessee
  5. 109. Rights of lessor’s transferee
  6. 110. Exclusion of day on which term commences
  7. 111. Determination of lease
  8. 112. Waiver of forfeiture
  9. 113. Waiver of notice to quit
  10. 114. Relief against forfeiture for non-payment of rent
  11. 114A. Relief against forfeiture in certain other cases
  12. 115. Effect of surrender and forfeiture on under-leases
  13. 116. Effect of holding over
  14. 117. Exemption of leases for agricultural purposes

Chapter VI — Of Exchanges

  1. 118. “Exchange” defined
  2. 119. Right of party deprived of thing received in exchange
  3. 120. Rights and liabilities of parties
  4. 121. Exchange of money

Chapter VII — Of Gifts

  1. 122. “Gift” defined
  2. 123. Transfer how effected
  3. 124. Gift of existing and future property
  4. 125. Gift to several, of whom one does not accept
  5. 126. When gift may be suspended or revoked
  6. 127. Onerous gifts
  7. 128. Universal donee
  8. 129. Saving of donations mortis causa and Muhammadan law

Chapter VIII — Of Transfers of Actionable Claims

  1. 130. Transfer of actionable claim
  2. 130A. Section 130A
  3. 131. Notice to be in writing, signed
  4. 132. Liability of transferee of actionable claim
  5. 133. Warranty of solvency of debtor
  6. 134. Mortgaged debt
  7. 135. Assignment of rights under policy of insurance against fire
  8. 136. Incapacity of officers connected with Courts of Justice
  9. 137. Saving of negotiable instruments, etc

Source: official text.