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Legal Library
THE TRANSFER OF PROPERTY ACT, 1882
All Acts
THE TRANSFER OF PROPERTY ACT, 1882
ACT NO. 4 OF 1882 · Enacted [17th February, 1882.] · 148 sections
PRELIMINARY
Section 1.
Shor t t it l e.
Section 2.
Repeal of Acts.
Section 3.
Interpretation-clause.
Section 4.
Enact ment s r el at i ng t o cont r act s t o be t aken as par t of Cont ract Act and s uppl ement al t o t he Regi s t r at i on Act .
OFTRANSFERS OF PROPERTY BY ACT OF PARTIES — (A) Transfer of pr oper ty, whether moveable or immoveable
Section 5.
“Transfer of property” defined.
Section 6.
What maybe transferred.
Section 7.
Persons competent to transfer.
Section 8.
Operation of transfer.
Section 9.
Oral transfer.
Section 10.
Condition restraining alienation.
Section 11.
Restriction repugnant to interest cleated.
Section 12.
Condition making interest determinable on insolvency or attempted alienation.
Section 13.
Transfer for benefit of unborn person.
Section 14.
Rule against, perpetuity.
Section 15.
T r ansf er t o cl as s s ome of who m co me unde r s ect i ons 13 and 14.
Section 16.
Transfer to take effect on failure of prior int erest.
Section 17.
Direction for accumulation.
Section 18.
Transfer in perpetuity for benefit of public.
Section 19.
Vested interest.
Section 20.
W hen unbor n pers on acquir es vest ed i nterest on trans fer f or his benef it.
Section 21.
Contingent interest.
Section 22.
Transfer to members of a class who attain a particular age.
Section 23.
Transfer contingent on happening of specified uncertain event.
Section 24.
Transfer to such of certain persons as survive at some period not specified.
Section 25.
Conditional transfer.
Section 26.
Fulfilment of condition precedent.
Section 27.
Conditional transfer to one person coupled with transfer to another on failure of prior disposition.
Section 28.
Ulterior transfer conditional on happening or not happening of specified event.
Section 29.
Fulfilment of condition subsequent.
Section 30.
Prior disposition not affected by invalidity of ulterior disposition.
Section 31.
Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.
Section 32.
Such condition must not be invalid.
Section 33.
Transfer conditional on performance of act, no time being specified for performance.
Section 34.
Transfer conditional on performance of act, time being specified.
OFTRANSFERS OF PROPERTY BY ACT OF PARTIES — Election
Section 35.
Election when necessary.
OFTRANSFERS OF PROPERTY BY ACT OF PARTIES — Apportionment
Section 36.
Apportionment of periodical payments on determination of interest of person entitled.
Section 37.
Apportionment of benefit of obligation on severance.
OFTRANSFERS OF PROPERTY BY ACT OF PARTIES — (B) Transfer of immoveable property
Section 38.
Transfer by person authorised only under certain circumstances to transfer.
Section 39.
Transfer where third person is entitled to maintenance.
Section 40.
Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement.
Section 41.
Transfer by ostensible owner.
Section 42.
Transfer by person having authority to revoke former transfer.
Section 43.
Transfer by unauthorised person who subsequently acquires interest in property transferred.
Section 44.
Transfer by one co-owner.
Section 45.
Joint transfer for consideration.
Section 46.
Transfer for consideration by persons having distinct interests.
Section 47.
Transfer by co-owners of share in common property.
Section 48.
Priority of rights created by transfer.
Section 49.
Transferee's right under policy.
Section 50.
Rent bona fide paid to holder under defective title.
Section 51.
Improvements made by bona fide holders under defective titles.
Section 52.
Transfer of property pending suit relating thereto.
Section 53.
Fraudulent transfer.
Section 53A.
Part performance.
OF SALES OF IMMOVEABLE PROPERTY
Section 54.
“Sale” defined.
Section 55.
Rights and liabilities of buyer and seller.
Section 56.
Marshalling by subsequent purchaser.
OF SALES OF IMMOVEABLE PROPERTY — Discharge of incumbrances on sale
Section 57.
Provision by Court for incumbranccs, and sale freed therefrom.
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
Section 58.
“Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money”and “mortgage- deed”defined.
Section 59.
Mortgage when to be by assurance.
Section 59A.
References to mortgagors and mortgagees to include persons deriving title from them.
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Rights and liabilities of mortgagor
Section 60.
Right of mortgagor to redeem.
Section 60A.
Obligation to transfer to third party instead of re-transference to mortgagor.
Section 60B.
Right to inspection and production of documents.
Section 61.
Right to redeem separately or simultaneously.
Section 62.
Right of usufructuary mortgagor to recover possession.
Section 63.
Accession to mortgaged property.
Section 63A.
Improvements to mortgaged property.
Section 64.
Renewal of mortgaged lease.
Section 65.
Implied contracts by mortgagor.
Section 65A.
Mortgagor’s power to lease.
Section 66.
Waste by mortgagor in possession.
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Rights and liabilities of Mortgagee
Section 67.
Right to foreclosure or sale.
Section 67A.
Mortgagee when bound to bring one suit on several mortgages.
Section 68.
Right to sue for mortgage-money.
Section 69.
Power of sale when valid.
Section 69A.
Appointment of receiver.
Section 70.
Accession to mortgaged property.
Section 71.
Renewal of mortgaged lease.
Section 72.
Rights of mortgagee in possession.
Section 73.
Right to proceeds of revenue sale or compensation on acquisition.
Section 74.
[Repealed.].
Section 75.
[Repealed.].
Section 76.
Liabilities of mortgagee in possession.
Section 77.
Receipts in lieu of interests.
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Priority
Section 78.
Postponement of prior mortgagee.
Section 79.
Mortgage to secure uncertain amount when maximum is expressed.
Section 80.
[Repealed.].
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Marshalling and contribution
Section 81.
Marshalling securities.
Section 82.
Contribution to mortgage-debt.
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Deposit in Court
Section 83.
Power to deposit in Court money due on mortgage.
Section 84.
Cessation of interest.
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Suits for foreclosure, sale or redemption
Section 85.
[Repealed.].
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Foreclosure and sale
Section 86.
[Repealed.].
Section 87.
[Repealed.].
Section 88.
[Repealed.].
Section 89.
[Repealed.].
Section 90.
[Repealed.].
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Redemption
Section 91.
Persons who may sue for redemption.
Section 92.
Subrogation.
Section 93.
Prohibition of tacking.
Section 94.
Right ofmesne mortgagee.
Section 95.
Right of redeeming co-mortgagor to expenses.
Section 96.
Mortgage by deposit of title-deeds.
Section 97.
[Repealed.].
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Anomalous mortgages
Section 98.
Rights and liabilities of parties to anomalous mortgages.
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Attachment of mortgaged property
Section 99.
[Repealed.].
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Charges
Section 100.
Charges.
Section 101.
No merger in case of subsequent encumbrance.
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES — Notice and tender
Section 102.
Service or tender on or to agent.
Section 103.
Notice, etc., to or by person incompetent to contract.
Section 104.
Power to make rules.
OF LEASES OF IMMOVEABLE PROPERTY
Section 105.
Lease defined.
Section 106.
Duration of certain leases in absence of written contract orlocal usage.
Section 107.
leases how made.
Section 108.
Rights and liabilities of lessor and lessee.
Section 109.
Rights of lessor’s transferee.
Section 110.
Exclusion of day on which term commences.
Section 111.
Determination of lease.
Section 112.
Waiver of forfeiture.
Section 113.
Waiver of notice to quit.
Section 114.
Relief against forfeiture for non-payment of rent.
Section 114A.
Relief against forfeiture in certain other cases.
Section 115.
Effect of surrender and forfeiture on under-leases.
Section 116.
Effect of holding over.
Section 117.
Exemption of leases for agricultural purposes.
OF EXCHANGES
Section 118.
“Exchange” defined.
Section 119.
Right of party deprived of thing received in exchange.
Section 120.
Rights and liabilities of parties.
Section 121.
Exchange of money.
OF GIFTS
Section 122.
“Gift”defined.
Section 123.
Transfer how effected.
Section 124.
Gift of existing and future property.
Section 125.
Gift to several, of whom one does not accept.
Section 126.
When gift may be suspended or revoked.
Section 127.
Onerous gifts.
Section 128.
Universal donee.
Section 129.
Saving of donations mortis causa and Muhammadan law.
OF TRANSFERS OF ACTIONABLE CLAIMS
Section 130.
Transfer of actionable claim.
Section 130A.
[Repealed.].
Section 131.
Notice to be in writing, signed.
Section 132.
Liability of transferee of actionable claim.
Section 133.
Warranty of solvency of debtor.
Section 134.
Mortgaged debt.
Section 135.
Assignment of rights under policy of insurance against fire.
Section 135A.
[Repealed.].
Section 136.
Incapacity of officers connected with Courts of Justice.
Section 137.
Saving of negotiable instruments, etc.