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Act4
Enacted 1882

The Transfer of Property Act, 1882

In force 148 sections Law and Justice

An Act to amend the law relating to the Transfer of Property by act of Parties.

Act 4 of 1882 Enacted 17 Feb 1882 In force 01 Jul 1882 Department Legislative Department

Administered by. Ministry of Law and Justice, Legislative Department · Other Acts of 1882

Preamble

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 transfer of property by act of parties; It is hereby enacted as follows:--

What this Act covers

Summary of the Transfer of Property Act, 1882

Objectives

• To regulate the transfer of property between living persons.

• To establish a uniform legal framework for transfers of immovable property.

• To define the rights and obligations of transferors and transferees.

• To ensure certainty, transparency, and fairness in property transactions.

Key Provisions

• Defines the general principles governing the transfer of property, including the competency of parties and the nature of transferable property.

• Regulates various modes of transfer, including sale, mortgage, lease, exchange, and gift, and prescribes the legal requirements for each.

• Provides for the transfer of actionable claims and the rights and liabilities of the parties involved.

• Incorporates the doctrine of part performance, protecting a transferee who has taken possession in pursuance of a contract, subject to the conditions specified in the Act.

• Recognizes and regulates principles such as conditional transfers, election, lis pendens, fraudulent transfers, and priority of rights.

• Prescribes the rights and liabilities of lessors and lessees, mortgagors and mortgagees, and donors and donees.

• Operates alongside the Registration Act, 1908, requiring registration of certain property transactions to ensure their legal validity.

Sections

Type to filter. 148 sections.

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

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 148 sections of this Act has its own page. This page is not a substitute for legal advice.