The Transfer of Property Act, 1882

The Transfer of Property Act As Per The Central Government Indian Acts

The Transfer of Property Act Content





1. Short title.
2. Repeal of Acts.
Saving of certain enactments, incidents, rights, liabilities, etc.
3. Interpretation-clause.
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
5. “Transfer of property” defined.
6. What may be transferred.
7. Persons competent to transfer.
8. Operation of transfer.
9. Oral transfer.
10. Condition restraining alienation.
11. Restriction repugnant to interest cleated.
12. Condition making interest determinable on insolvency or attempted alienation.
13. Transfer for benefit of unborn person.
14. Rule against, perpetuity.
15. T r ansf er t o cl ass some of who m co me unde r sect i ons 13 and 14.
16. Transfer to take effect on failure of prior int ere st.
17. Direction for accumulation.
18. Transfer in perpetuity for benefit of public.
19. Vested interest.
20. When unbor n person acquir es vest ed i nterest on transfer f or his benef it.
21. Contingent interest.
22. Transfer to members of a class who attain a particular age.
23. Transfer contingent on happening of specified uncertain event.
24. Transfer to such of certain persons as survive at some period not specified.
25. Conditional transfer.
26. Fulfilment of condition precedent.
27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition.
28. Ulterior transfer conditional on happening or not happening of specified event.
29. Fulfilment of condition subsequent.
30. Prior disposition not affected by invalidity of ulterior disposition.
31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.
32. Such condition must not be invalid.
33. Transfer conditional on performance of act, no time being specified for performance.
34. Transfer conditional on performance of act, time being specified.

35. Election when necessary.

36. Apportionment of periodical payments on determination of interest of person entitled.
37. Apportionment of benefit of obligation on severance.

(B) Transfer of immoveable property
38. Transfer by person authori sed only under certain circumstances to transfer.
39. Transfer where third person is entitled to maintenance.
40. Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement.
41. Transfer by ostensible owner.
42. Transfer by person having authority to revoke former transfer.
43. Transfer by unauthorised person who subsequently acquires interest in property transferred.
44. Transfer by one co-owner.
45. Joint transfer for consideration.
46. Transfer for consideration by persons having distinct interests.
47. Transfer by co-owners of share in common property.
48. Priority of rights created by transfer.
49. Transferee’s right under policy.
50. Rent bona fide paid to holder under defective title.
51. Improvements made by bona fide holders under defective titles.
52. Transfer of property pending suit relating thereto.
53. Fraudulent transfer.
53A. Part performance.



54. “Sale” defined.
Sale how made.
Contract for sale.
55. Rights and liabilities of buyer and seller.
56. Marshalling by subsequent purchaser.

Discharge of incumbrances on sale
57. Provision by Court for incumbranccs, and sale freed therefrom.



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.
59. Mortgage when to be by assurance.
59A. References to mortgagors and mortgagees to include persons deriving title from them.

Rights and liabilities of mortgagor
60. Right of mortgagor to redeem.

Redemption of portion of mortgaged property.
60A.Obligation to transfer to third party instead of re -transference to mortgagor.
60B. Right to inspection and production of documents.
61. Right to redeem separately or simultaneously.
62. Right of usufructuary mortgagor to recover possession.
63. Accession to mortgaged property.
Accession acquired in virtue of transferred ownership
63A. Improvements to mortgaged property.
64. Renewal of mortgaged lease.
65. Implied contracts by mortgagor.
65A. Mortgagor‟s power to lease.
66. Waste by mortgagor in possession.

Rights and liabilities of Mortgagee
67. Right to foreclosure or sale.
67A. Mortgagee when bound to bring one suit on several mortgages.
68. Right to sue for mortgage-money.
69. Power of sale when valid.
69A. Appointment of receiver.
70. Accession to mortgaged property.
71. Renewal of mortgaged lease.
72. Rights of mortgagee in possession.
73. Right to proceeds of revenue sale or compensation on acquisition.
74. [Repealed.].
75. [Repealed.].
76. Liabilities of mortgagee in possession.
Loss occasioned by his default.
77. Receipts in lieu of interests.

78. Postponement of prior mortgagee.
79. Mortgage to secure uncertain amount when maximum is expressed.
80. [Repealed.].

Marshalling and contribution
81. Marshalling securities.
82. Contribution to mortgage-debt.

Deposit in Court
83. Power to deposit in Court money due on mortgage.
Right to money deposited by mortgagor.
84. Cessation of interest.

Suits for foreclosure, sale or redemption
85. [Repealed.].

Foreclosure and sale
86. [Repealed.].
87. [Repealed.].
88. [Repealed.].
89. [Repealed.].
90. [Repealed.].

91. Persons who may sue for redemption.
92. Subrogation.
93. Prohibition of tacking.
94. Right of mesne mortgagee.
95. Right of redeeming co-mortgagor to expenses.
96. Mortgage by deposit of title-deeds.
97. [Repealed.].

Anomalous mortgages
98. Rights and liabilities of parties to anomalous mortgages.

Attachment of mortgaged property
99. [Repealed.].

100. Charges.
101. No merger in case of subsequent encumbrance.

Notice and tender
102. Service or tender on or to agent.
103. Notice, etc., to or by person incompetent to contract.
104. Power to make rules.



105. Lease defined.
Lessor, lessee, premium and rent defined.
106. Duration of certain leases in absence of written contract or local usage.
107. leases how made.
108. Rights and liabilities of lessor and lessee.
109. Rights of lessor‟s transferee.
110. Exclusion of day on which term commences.
Duration of lease for a year.
Option to determine lease.
111. Determination of lease.
112. Waiver of forfeiture.
113. Waiver of notice to quit.
114. Relief against forfeiture for non-payment of rent.
114A. Relief against forfeiture in certain other cases.
115. Effect of surrender and forfeiture on under-leases.
116. Effect of holding over.
117. Exemption of leases for agricultural purposes.



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



122. “Gift” defined.
Acceptance when to be made.
123. Transfer how effected.
124. Gift of existing and future property.
125. Gift to several, of whom one does not accept.
126. When gift may be suspended or revoked.
127. Onerous gifts.
Onerous „gift to disqualified person.
128. Universal donee.
129. Saving of donations mortis causa and Muhammadan law.



130. Transfer of actionable claim.
130A. [Repealed.].
131. Notice to be in writing, signed.
132. Liability of transferee of actionable claim.
133. Warranty of solvency of debtor.
134. Mortgaged debt.
135. Assignment of rights under policy of insurance against fire.
135A. [Repealed.].
136. Incapacity of officers connected with Courts of Justice.
137. Saving of negotiable instruments, etc.

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