The TRANSFER OF PROPERTY ACT, 1882

PRELIMINARY

Section 1 — Shor t t it l e.

This Act may becalled the Transfer of Property Act, 1882. Commencements.—It shallcome into force on the first day of July, 1882. Extent.—Itextends 2 in the first instance to the whole of India. except 3[the territories which, immediately before the 1st November, 1956, were comprised in Part B States or in the States of, Bombay, Punjab and Delhi.] 4 [But this Act or any part thereof may by 5 notification in the Official Gazette be extended to the whole or any part of 6 [the said territories] by the State Government concerned.] And any State Government may, [Omitted from time to time, by notification in the Official Gazette, exempt, either retrospectively or prospectively, any part of the territories administered by such State Government from all or any of the following provisions, namely:— Sections 54, paragraphs 2 and 3, 59, 107 and 123.] Notwithstanding anything in the foregoing part of this section, sections 54, paragraphs 2 and 3, 59, 107 and 123 shall not extend or be extended to any district or tract of country for the time being excluded from the operation of the Indian Registration Act, 2[1908 (16 of 1908), under the power conferred by the first section of that Act or otherwise.]

Browse all 149 sections
  1. 1.Shor t t it l e.
  2. 2.Repeal of Acts.
  3. 3.Interpretation-clause.
  4. 4.Enact ment s r el at i ng t o cont r act s t o be t aken as par t of Cont ract Act and s uppl ement al t o t he Regi s t r at i on Act .
  5. 5.“Transfer of property” defined.
  6. 6.What maybe transferred.
  7. 7.Persons competent to transfer.
  8. 8.Operation of transfer.
  9. 9.Oral transfer.
  10. 10.Condition restraining alienation.
  11. 11.Restriction repugnant to interest cleated.
  12. 12.Condition making interest determinable on insolvency or attempted alienation.
  13. 13.Transfer for benefit of unborn person.
  14. 14.Rule against, perpetuity.
  15. 15.T r ansf er t o cl as s s ome of who m co me unde r s ect i ons 13 and 14.
  16. 16.Transfer to take effect on failure of prior int erest.
  17. 17.Direction for accumulation.
  18. 18.Transfer in perpetuity for benefit of public.
  19. 19.Vested interest.
  20. 20.W hen unbor n pers on acquir es vest ed i nterest on trans fer f or his benef it.
  21. 21.Contingent interest.
  22. 22.Transfer to members of a class who attain a particular age.
  23. 23.Transfer contingent on happening of specified uncertain event.
  24. 24.Transfer to such of certain persons as survive at some period not specified.
  25. 25.Conditional transfer.
  26. 26.Fulfilment of condition precedent.
  27. 27.Conditional transfer to one person coupled with transfer to another on failure of prior disposition.
  28. 28.Ulterior transfer conditional on happening or not happening of specified event.
  29. 29.Fulfilment of condition subsequent.
  30. 30.Prior disposition not affected by invalidity of ulterior disposition.
  31. 31.Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.
  32. 32.Such condition must not be invalid.
  33. 33.Transfer conditional on performance of act, no time being specified for performance.
  34. 34.Transfer conditional on performance of act, time being specified.
  35. 35.Election when necessary.
  36. 36.Apportionment of periodical payments on determination of interest of person entitled.
  37. 37.Apportionment of benefit of obligation on severance.
  38. 38.Transfer by person authorised only under certain circumstances to transfer.
  39. 39.Transfer where third person is entitled to maintenance.
  40. 40.Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement.
  41. 41.Transfer by ostensible owner.
  42. 42.Transfer by person having authority to revoke former transfer.
  43. 43.Transfer by unauthorised person who subsequently acquires interest in property transferred.
  44. 44.Transfer by one co-owner.
  45. 45.Joint transfer for consideration.
  46. 46.Transfer for consideration by persons having distinct interests.
  47. 47.Transfer by co-owners of share in common property.
  48. 48.Priority of rights created by transfer.
  49. 49.Transferee's right under policy.
  50. 50.Rent bona fide paid to holder under defective title.
  51. 51.Improvements made by bona fide holders under defective titles.
  52. 52.Transfer of property pending suit relating thereto.
  53. 53.Fraudulent transfer.
  54. 53A.Part performance.
  55. 57.Provision by Court for incumbranccs, and sale freed therefrom.
  56. 54.“Sale” defined.
  57. 55.Rights and liabilities of buyer and seller.
  58. 56.Marshalling by subsequent purchaser.
  59. 60.Right of mortgagor to redeem.
  60. 60A.Obligation to transfer to third party instead of re-transference to mortgagor.
  61. 60B.Right to inspection and production of documents.
  62. 61.Right to redeem separately or simultaneously.
  63. 62.Right of usufructuary mortgagor to recover possession.
  64. 63.Accession to mortgaged property.
  65. 63A.Improvements to mortgaged property.
  66. 64.Renewal of mortgaged lease.
  67. 65.Implied contracts by mortgagor.
  68. 65A.Mortgagor’s power to lease.
  69. 66.Waste by mortgagor in possession.
  70. 67.Right to foreclosure or sale.
  71. 67A.Mortgagee when bound to bring one suit on several mortgages.
  72. 68.Right to sue for mortgage-money.
  73. 69.Power of sale when valid.
  74. 69A.Appointment of receiver.
  75. 70.Accession to mortgaged property.
  76. 71.Renewal of mortgaged lease.
  77. 72.Rights of mortgagee in possession.
  78. 73.Right to proceeds of revenue sale or compensation on acquisition.
  79. 74.[Repealed.].
  80. 75.[Repealed.].
  81. 76.Liabilities of mortgagee in possession.
  82. 77.Receipts in lieu of interests.
  83. 78.Postponement of prior mortgagee.
  84. 79.Mortgage to secure uncertain amount when maximum is expressed.
  85. 80.[Repealed.].
  86. 81.Marshalling securities.
  87. 82.Contribution to mortgage-debt.
  88. 83.Power to deposit in Court money due on mortgage.
  89. 84.Cessation of interest.
  90. 85.[Repealed.].
  91. 86.[Repealed.].
  92. 87.[Repealed.].
  93. 88.[Repealed.].
  94. 89.[Repealed.].
  95. 90.[Repealed.].
  96. 91.Persons who may sue for redemption.
  97. 92.Subrogation.
  98. 93.Prohibition of tacking.
  99. 94.Right ofmesne mortgagee.
  100. 95.Right of redeeming co-mortgagor to expenses.
  101. 96.Mortgage by deposit of title-deeds.
  102. 97.[Repealed.].
  103. 98.Rights and liabilities of parties to anomalous mortgages.
  104. 99.[Repealed.].
  105. 100.Charges.
  106. 101.No merger in case of subsequent encumbrance.
  107. 102.Service or tender on or to agent.
  108. 103.Notice, etc., to or by person incompetent to contract.
  109. 104.Power to make rules.
  110. 58.“Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money”and “mortgage- deed”defined.
  111. 59.Mortgage when to be by assurance.
  112. 59A.References to mortgagors and mortgagees to include persons deriving title from them.
  113. 105.Lease defined.
  114. 106.Duration of certain leases in absence of written contract orlocal usage.
  115. 107.leases how made.
  116. 108.Rights and liabilities of lessor and lessee.
  117. 109.Rights of lessor’s transferee.
  118. 110.Exclusion of day on which term commences.
  119. 111.Determination of lease.
  120. 112.Waiver of forfeiture.
  121. 113.Waiver of notice to quit.
  122. 114.Relief against forfeiture for non-payment of rent.
  123. 114A.Relief against forfeiture in certain other cases.
  124. 115.Effect of surrender and forfeiture on under-leases.
  125. 116.Effect of holding over.
  126. 117.Exemption of leases for agricultural purposes.
  127. 118.“Exchange” defined.
  128. 119.Right of party deprived of thing received in exchange.
  129. 120.Rights and liabilities of parties.
  130. 121.Exchange of money.
  131. 122.“Gift”defined.
  132. 123.Transfer how effected.
  133. 124.Gift of existing and future property.
  134. 125.Gift to several, of whom one does not accept.
  135. 126.When gift may be suspended or revoked.
  136. 127.Onerous gifts.
  137. 128.Universal donee.
  138. 129.Saving of donations mortis causa and Muhammadan law.
  139. 130.Transfer of actionable claim.
  140. 130A.[Repealed.].
  141. 131.Notice to be in writing, signed.
  142. 132.Liability of transferee of actionable claim.
  143. 133.Warranty of solvency of debtor.
  144. 134.Mortgaged debt.
  145. 135.Assignment of rights under policy of insurance against fire.
  146. 135A.[Repealed.].
  147. 136.Incapacity of officers connected with Courts of Justice.
  148. 137.Saving of negotiable instruments, etc.
  149. SCH-THE SCHEDULE.THE SCHEDULE