“Transfer of property” defined
Section 5 of the Transfer of Property Act, 1882 deals with “Transfer of property” defined. 1In the following sections transfer of property means an act by .which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or it himself] and one or more other living persons; The Act came into force on 01 Jul 1882.
1In the following sections transfer of property means an act by .which a living person conveys property, in present or in future, to one or more other living persons, or to himself, 2[or it himself] and one or more other living persons; and "to transfer property" is to perform such act.
3[in this section "living person" includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.]
Section 5, 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.
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.
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Andhra Pradesh Indu. Infrastructure CORP vs K. Veerabhadra Rao
Court's Decision & Legal Precedent
Once a registered sale deed is executed transferring absolute ownership of immovable property from the seller to the buyer, the seller cannot enforce conditions stipulated in the allotment letter or demand additional payment based on such conditions. The Transfer of Property Act, 1882, particularly Sections 5, 8, 10, 11, and 55, establishes that upon transfer of absolute interest through a registered sale deed, prior conditions cease to have effect and the buyer acquires absolute marketable title which cannot be unilaterally revoked by the seller.
On this section: Defines 'transfer' as conveyance of property from one living person to one or more living persons, establishing the foundational concept of property transfer
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Icici Bank Limited vs Officl. Liquir. of Aps Star Indus. Ld
Court's Decision & Legal Precedent
Inter se transfer of Non-Performing Assets by banks is a legitimate and legally permissible business activity under the Banking Regulation Act, 1949. Such transfers fall within the scope of banking business as defined by Section 6(1) read with Section 6(1)(n) of the BR Act 1949, are authorized by RBI Guidelines dated July 13, 2005 which have statutory force under Sections 21 and 35A of BR Act, and do not constitute prohibited 'trading in debts' under Section 8 of the Act. Assignment of account receivables with underlying security by one bank to another bank, without assignment of the assignor bank's obligations to the borrower, is legally valid and permissible, and the assignee bank is entitled to be substituted as secured creditor in proceedings relating to companies in liquidation.
On this section: Court examined whether TP Act provisions on assignment of actionable claims and transfer of mortgages apply to bank debt transfers. Rejected argument that Section 130 (requiring novation for assignment of obligations) invalidates the deed of assignment, as only receivables (assets), not obligations of assignor, were transferred.
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.
Questions about Section 5
What have the courts held on Section 5 of the Transfer of Property Act?
Andhra Pradesh Indu. Infrastructure CORP vs K. Veerabhadra Rao (10 Apr 2018) is the leading judgment on this section among those set out below: Defines 'transfer' as conveyance of property from one living person to one or more living persons, establishing the foundational concept of property transfer. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2010 to 2018.
How do I find court cases under Section 5 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 5, section 5 TP Act, section 5 of the Transfer of Property Act. People searching for it also type tpa 5 amazon and tpa 5k on the runway. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Andhra Pradesh Indu. Infrastructure CORP vs K. Veerabhadra Rao (10 Apr 2018).
What should I read with Section 5 of the Transfer of Property Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 5 of the Transfer of Property Act come into force?
Section 5 of the Transfer of Property Act, cited as TP Act 5, 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
- 55. Rights and liabilities of buyer and seller1096 words
- 108. Rights and liabilities of lessor and lessee1030 words
- 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 15 Oct 2026. This page is not a substitute for legal advice.