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Section115
The Transfer of Property Act, 1882

Effect of surrender and forfeiture on under-leases

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 115 of the Transfer of Property Act, 1882 deals with effect of surrender and forfeiture on under-leases. The surrender, express or implied, of a lease of immoveable property does not prejudice an under-lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease; The Act came into force on 01 Jul 1882.

The surrender, express or implied, of a lease of immoveable property does not prejudice an under-lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease; but, unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under-lessee shall be respectively payable to and enforceable by the lessor.

The forfeiture of such a lease annuls all such under-leases, except where such forfeiture has been procured by the lessor in fraud of the under-lessees, or relief against the forfeiture is granted under section 114.

Section 115, The Transfer of Property Act, 1882 (Act 4 of 1882).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 114 Relief against forfeiture for non-payment of rent

Questions about Section 115

What does Section 115 of the Transfer of Property Act deal with?

Section 115 of the Transfer of Property Act is headed "Effect of surrender and forfeiture on under-leases". The surrender, express or implied, of a lease of immoveable property does not prejudice an under-lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease;

How do I find court cases under Section 115 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 115, section 115 TP Act, section 115 of the Transfer of Property Act. People searching for it also type tampa 115 million dollar house. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 115 of the Transfer of Property Act, and has it changed?

Its own text turns on section 114 (Relief against forfeiture for non-payment of rent), so none of them can safely be read on its own.

When did Section 115 of the Transfer of Property Act come into force?

Section 115 of the Transfer of Property Act, cited as TP Act 115, 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.