Transfer by person having authority to revoke former transfer
Section 42 of the Transfer of Property Act, 1882 deals with transfer by person having authority to revoke former transfer. Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocat The Act came into force on 01 Jul 1882.
Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocation of the former transfer to the extent of the power.
Illustration
A lets a house to B, and reserves power to revoke the lease if, in the opinion of a specified surveyor, B should make a use of it detrimental to its value. Afterwards a, thinking that such a use has been made, lets the house to C. This operates as a revocation of B's lease subject to the opinion of the surveyor as to B's use of the house having been detrimental to its value.
Section 42, The Transfer of Property Act, 1882 (Act 4 of 1882).
Questions about Section 42
What does Section 42 of the Transfer of Property Act deal with?
Section 42 of the Transfer of Property Act is headed "Transfer by person having authority to revoke former transfer". Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another transferee, such transfer operates in favour of such transferee (subject to any condition attached to the exercise of the power) as a revocat
How do I find court cases under Section 42 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 42, section 42 TP Act, section 42 of the Transfer of Property Act. People searching for it also type tap 42. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 42 of the Transfer of Property Act come into force?
Section 42 of the Transfer of Property Act, cited as TP Act 42, 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
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- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
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 17 Oct 2026. This page is not a substitute for legal advice.