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The Transfer of Property Act, 1882

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Transfer of Property Act, 1882

[Act No. 4 of Year 1882]

An Act to amend the law relating to the transfer of property by act of parties

WHEREAS it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties;

It is hereby enacted as follows: –

Chapter I Preliminary

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

Chapter II Transfers Of Property By Act Of Parties

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 created

12. Condition making interest determinable on insolvency or attempted alienation

13. Transfer for benefit of unborn person

14. Rule against perpetuity

15. Transfer to a class, some of whom come under sections 13 and 14

16. Transfer to take effect on failure of prior interest

17. Direction for accumulation

18. Transfer in perpetuity for benefit of public

19. Vested interest

20. When unborn person acquires vested interest on transfer for his benefit

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. Fulfillment 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. Fulfillment 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

38. Transfer by person authorized 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

41. Transfer by ostensible owner

42. Transfer by person having authority to revoke former transfer

43. Transfer by unauthorized 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

Chapter III Sales of Immovable Property

54. “Sale” defined.

55. Rights and liabilities of buyer and seller

56. Marshalling by subsequent purchaser

Discharge Of Encumbrances On Sale

57. Provision by court for encumbrances and sale freed there from

Chapter IV Mortgages Of Immovable Property And Charges

58. Mortgage, mortgagor mortgagee mortgage-money and not;mortgaged defined

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

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

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. Right of subsequent mortgagee to pay off prior mortgagee

75. Rights of mesne mortgagee against prior and subsequent mortgagees

76. Liabilities of mortgagee in possession

77. Receipts in lieu of interest


78. Postponement of prior mortgagee

79. Mortgage to secure uncertain amount when maximum is expressed

80. Tacking abolished

Marshalling and Contribution

81. Marshalling securities

82. Contribution to mortgage-debt

Deposit In Court

83. Power to deposit in court money due on mortgage

84. Cessation of interest

Suits For Foreclosure, Sale Or Redemption

85. Parties to suits for foreclosure, sale and redemption

86-90 [Repealed by the Code of Civil Procedure, 1908 (5 of 1908).]

91. Persons who may sue for redemption

92. Subrogation

93. Prohibition of tacking

94. Rights of mesne mortgagee

95. Right of redeeming co-mortgagor to expenses

96. Mortgage by deposit of title-deeds

97. Application of proceeds

Anomalous Mortgages

98. Rights and liabilities of parties to anomalous mortgage

Attachment Of Mortgaged Property

99. Attachment of mortgaged property


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

Chapter V Leases Of Immovable Property

105. Lease 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

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

Chapter VI Exchanges

118. “Exchange” defined

119. Right of party deprived of thing received in exchange

120. Rights and liabilities of parties

121. Exchange of money

Chapter VII Gifts

122. “Gift” defined

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

128. Universal donee

129. Saving of donations mortis cause and Mohammedan Law

Chapter VIII Transfers Of Actionable Claims

130. Transfer of actionable claim

130A. Transfer of policy of marine insurance

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. Assignment of rights under policy of marine insurance

136. Incapacity of officers connected with courts of justice

137. Saving of negotiable instruments, etc.

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