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Section109
The Transfer of Property Act, 1882

Rights of lessor‟s transferee

In force From 01 Jul 1882 Act 4 of 1882 As on 14 Oct 2026

Act 4 of 1882 Ministry Law and Justice Enacted 17 Feb 1882 In force 01 Jul 1882

Section 109 of the Transfer of Property Act, 1882 deals with rights of lessor‟s transferee. If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part t The Act came into force on 01 Jul 1882.

If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights and, if the lessee so elects, be subject to all the liabilities of the lessor as to the property or part transferred so long as he is the owner of it; but the lessor shall not, by reason only of such transfer, cease to be subject to any of the liabilities imposed upon him by the lease, unless the lessee elects to treat the transferee as the person liable to him:

Provided that the transferee is not entitled to arrears of rent due before the transfer, and that, if the lessee, not having reason to believe that such transfer has been made, pays rent to the lessor, the lessee shall not be liable to pay such rent over again to the transferee.

The lessor, the transferee and the lessee may determine what proportion of the premium or rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession of the property leased.

Section 109, The Transfer of Property Act, 1882 (Act 4 of 1882).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. BIMAL SINGH BAID vs PREM PRAQKASH PATWARI

    Presidency Small Cause Court Calcutta 30 Jun 2017 Persuasive (Other HC)

    Court's Decision & Legal Precedent

    The protection under Section 7(4) of the West Bengal Premises Tenancy Act 1997 is available to a tenant only once in respect of a specific premises; subsequent defaults, regardless of a change in ownership of the property, render the tenant liable for eviction.

    On this section: Rights of transferee landlord to step into the shoes of the transferor.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 10 Mar 2015 RJHC010313032013

    … (See Sardarilal v. Narayanlal MANU/MP/0003/1980 (FB). The above statutory consequences shall follow "in absence of a contract to the contrary". This means that it is open to the transferor lessor and his transferee to agree to term which may be inconsistent with the provisions of Section 109 of the Transfer of Property Act. Since ordinarily, on transfer of the entire ownership of the property leased, the right to terminate the lease stands transferred to the transferee by force of Section 109 of the Transfer of Prperty Act, in my opinion, it is open to the transferor and the transferee to agree that …

    Read this order on eCourtsIndia

Questions about Section 109

What have the courts held on Section 109 of the Transfer of Property Act?

BIMAL SINGH BAID vs PREM PRAQKASH PATWARI (30 Jun 2017) is the leading judgment on this section among those set out below: Rights of transferee landlord to step into the shoes of the transferor.

How do I find court cases under Section 109 of the Transfer of Property Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 109, section 109 TP Act, section 109 of the Transfer of Property Act. People searching for it also type tampa 109 csl plasma. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with BIMAL SINGH BAID vs PREM PRAQKASH PATWARI (30 Jun 2017).

When did Section 109 of the Transfer of Property Act come into force?

Section 109 of the Transfer of Property Act, cited as TP Act 109, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.

Other sections of this Act

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. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.