Transfer of Property Act, 1882

148 sections.

Official Hindi (PDF) ↗

• Section 1 — Short title .
• Section 2 — Repeal of Acts.
• Section 3 — Interpretation-clause.
• Section 4 — Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
• Section 5 — “Transfer of property” defined.
• Section 6 — What may be 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 — Transfer to class some of whom come under sect ions 13 and 14.
• Section 16 — Transfer to take effect on failure of prior interest .
• Section 17 — Direction for accumulation.
• Section 18 — Transfer in perpetuity for benefit of public.
• Section 19 — Vested interest.
• Section 20 — When unborn person acquires vested interest on transfer for 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.
• Section 35 — Election when necessary.
• Section 36 — Apportionment of periodical payments on determination of interest of person entitled.
• Section 37 — Apportionment of benefit of obligation on severance.
• Section 38 — Transfer by person authori sed 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.
• Section 54 — “Sale” defined.
• Section 55 — Rights and liabilities of buyer and seller.
• Section 56 — Marshalling by subsequent purchaser.
• Section 57 — Provision by Court for incumbrances and sale freed therefrom.
• 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.
• 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.
• 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.
• Section 78 — Postponement of prior mortgagee.
• Section 79 — Mortgage to secure uncertain amount when maximum is expressed.
• Section 80 — [Repealed.].
• Section 81 — Marshalling securities.
• Section 82 — Contribution to mortgage-debt.
• Section 83 — Power to deposit in Court money due on mortgage.
• Section 84 — Cessation of interest.
• Section 85 — [Repealed.].
• Section 86 — [Repealed.].
• Section 87 — [Repealed.].
• Section 88 — [Repealed.].
• Section 89 — [Repealed.].
• Section 90 — [Repealed.].
• Section 91 — Persons who may sue for redemption.
• Section 92 — Subrogation.
• Section 93 — Prohibition of tacking.
• Section 94 — Right of mesne mortgagee.
• Section 95 — Right of redeeming co-mortgagor to expenses.
• Section 96 — Mortgage by deposit of title-deeds.
• Section 97 — [Repealed.].
• Section 98 — Rights and liabilities of parties to anomalous mortgages.
• Section 99 — [Repealed.].
• Section 100 — Charges.
• Section 101 — No merger in case of subsequent encumbrance.
• 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.
• Section 105 — Lease defined.
• Section 106 — Duration of certain leases in absence of written contract or local 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.
• 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.
• 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.
• 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.