The Transfer of Property Act, 1882

Central Act · Act 4 of 1882134 provisions407 citing judgments

The enactment

Full text, provision by provision

Every provision below opens in full, free and without an account.

• Section 1 Short title .1 citing judgment
• Section 2 Repeal of Acts.10 citing judgments
• Section 3 Interpretation-clause.21 citing judgments
• Section 4 Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.4 citing judgments
• Section 5 “Transfer of property” defined.11 citing judgments
• Section 6 What may be transferred.3 citing judgments
• Section 7 Persons competent to transfer.3 citing judgments
• Section 8 Operation of transfer.4 citing judgments
• Section 9 Oral transfer.
• Section 10 Condition restraining alienation.2 citing judgments
• Section 11 Restriction repugnant to interest cleated.4 citing judgments
• Section 12 Condition making interest determinable on insolvency or attempted alienation.
• Section 13 Transfer for benefit of unborn person.6 citing judgments
• Section 14 Rule against, perpetuity.3 citing judgments
• Section 15 Transfer to class some of whom come under sect ions 13 and 14.
• Section 16 Transfer to take effect on failure of prior interest .3 citing judgments
• Section 17 Direction for accumulation.8 citing judgments
• Section 18 Transfer in perpetuity for benefit of public.
• Section 19 Vested interest.1 citing judgment
• Section 20 When unborn person acquires vested interest on transfer for his benef it .2 citing judgments
• Section 21 Contingent interest.1 citing judgment
• Section 22 Transfer to members of a class who attain a particular age.4 citing judgments
• Section 23 Transfer contingent on happening of specified uncertain event.1 citing judgment
• 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.2 citing judgments
• Section 28 Ulterior transfer conditional on happening or not happening of specified event.2 citing judgments
• Section 29 Fulfilment of condition subsequent.
• Section 30 Prior disposition not affected by invalidity of ulterior disposition.2 citing judgments
• Section 31 Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.3 citing judgments
• Section 32 Such condition must not be invalid.3 citing judgments
• 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.
• Section 35 Election when necessary.
• Section 36 Apportionment of periodical payments on determination of interest of person entitled.
• Section 37 Apportionment of benefit of obligation on severance.1 citing judgment
• Section 38 Transfer by person authori sed only under certain circumstances to transfer.
• Section 39 Transfer where third person is entitled to maintenance.2 citing judgments
• Section 40 Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement.5 citing judgments
• Section 41 Transfer by ostensible owner.5 citing judgments
• Section 42 Transfer by person having authority to revoke former transfer.
• Section 43 Transfer by unauthorised person who subsequently acquires interest in property transferred.2 citing judgments
• Section 44 Transfer by one co-owner.2 citing judgments
• Section 45 Joint transfer for consideration.5 citing judgments
• 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.1 citing judgment
• Section 49 Transferee's right under policy.2 citing judgments
• Section 50 Rent bona fide paid to holder under defective title.
• Section 51 Improvements made by bona fide holders under defective titles.1 citing judgment
• Section 52 Transfer of property pending suit relating thereto.38 citing judgments
• Section 53 Fraudulent transfer.6 citing judgments
• Section 53A Part performance.25 citing judgments
• Section 54 “Sale” defined.32 citing judgments
• Section 55 Rights and liabilities of buyer and seller.15 citing judgments
• Section 56 Marshalling by subsequent purchaser.
• Section 57 Provision by Court for incumbrances and sale freed therefrom.
• Section 58 Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined.18 citing judgments
• Section 59 Mortgage when to be by assurance.1 citing judgment
• Section 59A References to mortgagors and mortgagees to include persons deriving title from them.1 citing judgment
• Section 60 Right of mortgagor to redeem.12 citing judgments
• 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.3 citing judgments
• Section 62 Right of usufructuary mortgagor to recover possession.
• Section 63 Accession to mortgaged property.1 citing judgment
• 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.4 citing judgments
• Section 66 Waste by mortgagor in possession.
• Section 67 Right to foreclosure or sale.
• Section 67A Mortgagee when bound to bring one suit on several mortgages.3 citing judgments
• Section 68 Right to sue for mortgage-money.1 citing judgment
• Section 69 Power of sale when valid.4 citing judgments
• Section 69A Appointment of receiver.3 citing judgments
• 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 76 Liabilities of mortgagee in possession.
• Section 77 Receipts in lieu of interests.
• Section 78 Postponement of prior mortgagee.
• Section 79 Mortgage to secure uncertain amount when maximum is expressed.
• Section 81 Marshalling securities.
• Section 82 Contribution to mortgage-debt.
• Section 83 Power to deposit in Court money due on mortgage.
• Section 84 Cessation of interest.
• Section 91 Persons who may sue for redemption.1 citing judgment
• Section 92 Subrogation.
• Section 93 Prohibition of tacking.
• Section 94 Right of mesne mortgagee.
• Section 95 Right of redeeming co-mortgagor to expenses.
• Section 96 Mortgage by deposit of title-deeds.
• Section 98 Rights and liabilities of parties to anomalous mortgages.
• Section 100 Charges.4 citing judgments
• Section 101 No merger in case of subsequent encumbrance.
• 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.
• Section 105 Lease defined.6 citing judgments
• Section 106 Duration of certain leases in absence of written contract or local usage.32 citing judgments
• Section 107 leases how made.7 citing judgments
• Section 108 Rights and liabilities of lessor and lessee.11 citing judgments
• Section 109 Rights of lessor‟s transferee.4 citing judgments
• Section 110 Exclusion of day on which term commences.1 citing judgment
• Section 111 Determination of lease.11 citing judgments
• Section 112 Waiver of forfeiture.
• Section 113 Waiver of notice to quit.
• Section 114 Relief against forfeiture for non-payment of rent.3 citing judgments
• Section 114A Relief against forfeiture in certain other cases.2 citing judgments
• Section 115 Effect of surrender and forfeiture on under-leases.
• Section 116 Effect of holding over.6 citing judgments
• Section 117 Exemption of leases for agricultural purposes.
• Section 118 “Exchange” defined.
• Section 119 Right of party deprived of thing received in exchange.
• Section 120 Rights and liabilities of parties.
• Section 122 “Gift” defined.4 citing judgments
• Section 123 Transfer how effected.8 citing judgments
• 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.4 citing judgments
• Section 127 Onerous gifts.1 citing judgment
• Section 128 Universal donee.
• Section 129 Saving of donations mortis causa and Muhammadan law.2 citing judgments
• Section 130 Transfer of actionable claim.1 citing judgment
• Section 131 Notice to be in writing, signed.1 citing judgment
• Section 132 Liability of transferee of actionable claim.1 citing judgment
• Section 133 Warranty of solvency of debtor.
• Section 134 Mortgaged debt.
• Section 135 Assignment of rights under policy of insurance against fire.
• Section 136 Incapacity of officers connected with Courts of Justice.
• Section 137 Saving of negotiable instruments, etc.