Transfer of Property Act, 1882 – Section 52 – Lis Pendens – A transfer which is made lis pendens is not a void document. It does create rights as between the parties to the sale. The right of the party to the suit who conveys his right by a sale is extinguished. All that Section 52 of the Transfer Property Act provides is that the transfer which is made during the pendency of the proceeding is subjected to the final result of the litigation.
Transfer of Property Act 1882
THE TRANSFER OF PROPERTY ACT, 1882
ACT NO. 4 OF 1882 [17th February, 1882.]
An Act to amend the law relating to the Transfer of Property by act of Parties.
Preamble.—WHEREAS it is expedient to define and amend certain parts of the law relating to the transferof property by act of parties; It is hereby enacted as follows:—
1. Short title.
2. Repeal of Acts.
Saving of certain enactments, incidents, rights, liabilities, etc.
4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
(A) Transfer of property, whether moveable or immoveable
5. “Transfer of property” defined.
6. What maybe 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. Transfer to 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. 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 authorised 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.
OF SALES OF IMMOVEABLE PROPERTY
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.
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money”and “mortgagedeed”defined.
Mortgage by conditional sale.
Mortgage by deposit of title-deeds.
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.
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.
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
Foreclosure and sale
91. Persons who may sue for redemption.
93. Prohibition of tacking.
94. Right ofmesne mortgagee.
95. Right of redeeming co-mortgagor to expenses.
96. Mortgage by deposit of title-deeds.
98. Rights and liabilities of parties to anomalous mortgages.
Attachment of mortgaged property
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.
OF LEASES OF IMMOVEABLE PROPERTY
105. Lease defined.
Lessor, lessee, premium and rent defined.
106. Duration of certain leases in absence of written contract orlocal 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.
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.
OF TRANSFERS OF ACTIONABLE CLAIMS
130. Transfer of actionable claim.
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.
136. Incapacity of officers connected with Courts of Justice.
137. Saving of negotiable instruments, etc.
Transfer of Property Act, 1882 – Section 54 – a sale of an immovable property has to be for a price. The price may be payable in future. It may be partly paid and the remaining part can be made payable in future. The payment of price is an essential part of a sale covered by section 54 of the TP Act. If a sale deed in respect of an immovable property is executed without payment of price and if it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law. It is of no legal effect. Therefore, such a sale will be void. It will not effect the transfer of the immovable property.
Transfer of Property Act 1882 – Ss. 111 (g) & 112 – Determination of Lease – Waiver of forfeiture – lessee has executed an absolute sale deed in respect of the leased land which belongs to the government – such breach cannot be condoned.
Transfer of Property Act, 1882 – Section 63 – Accession to mortgaged property – Suit for redemption of the mortgage property and possession – Suit for redemption can be filed within 30 years from the date fixed for redemption. AIR 2021 SC 3939 : 2021 (9) SCALE 390