The TRANSFER OF PROPERTY ACT, 1882

chandigarh · 1882

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Short title - This Act may be called the Transfer of Property Act, 1882
S. 2Repeal of Acts - Saving of certain enactments, incidents, rights, liabilities, etc
S. 3Section 3 defines terms used in the Transfer of Property Act, excluding standing timber, growing crops, and grass from "immoveable property" and specifying requirements for "instrument" and "attested."
S. 4Section 4 integrates relevant sections of the Transfer of Property Act with the Indian Contract Act and supplements them with the Indian Registration Act.
S. 5Defines "transfer of property" as an act conveying present or future property to one or more living persons.
S. 6Section 6 of the Transfer of Property Act, 1882, specifies what types of property cannot be transferred.
S. 7Section 7 states that any person who is legally capable of contracting and owns transferable property can transfer it, either fully or partially, under applicable laws.
S. 8Section 8 states that a property transfer passes all the transferor's current interests and related incidents to the transferee immediately.
S. 9Section allows property transfer without writing when not legally required.
S. 10Section 10 voids conditions preventing transfer of property, except for certain leases or transfers to women to protect their marital interests.
S. 11Section 11 allows a recipient to freely manage transferred property despite transfer terms restricting its use.
S. 12Section 12 voids conditions making interests cease on insolvency or attempted transfer, except for lease conditions benefiting the lessor.
S. 13Section 13 prohibits interests in property for unborn persons unless they cover all remaining transferor's interests.
S. 14Section 14 prohibits creating property interests that vest beyond the lifetime of a living person plus the minority of another.
S. 15Section 15 specifies that if a transfer fails for some beneficiaries due to rules in sections 13 and 14, it fails only for those beneficiaries, not the whole class.
S. 17Section 17 limits the duration of property income accumulation in transfers, voiding excess beyond the transferor's life or 18 years.
S. 18Section 18 exempts transfers for public benefit from certain restrictions on property transfers.
S. 19Section 19 establishes that interests in property transfer become vested unless specified otherwise, regardless of the transferee's death before possession.
S. 20Section 20 states that a unborn person acquires a vested interest upon birth if property is transferred for their benefit.
S. 21Section 21 defines contingent interests in property created upon uncertain future events.
S. 22Section 22 specifies that property interests do not vest in class members until they reach a specified age.
S. 23Section 23 specifies that a future interest in property is contingent on an uncertain event, which must occur before or simultaneously with the preceding interest's termination.
S. 24Section 24 specifies that property transfers to the survivors of certain persons when the preceding interest ends.
S. 25Section 25 invalidates conditional property transfers if the condition is impossible, illegal, immoral, or against public policy.
S. 26Section 26 states that a condition precedent in a property transfer is deemed fulfilled if substantially complied with.
S. 27Section 27 details how a secondary transfer takes effect if the primary transfer fails, unless the parties specify a particular failure condition.
S. 28Section allows property interest to transfer conditionally based on uncertain future events.
S. 29Section 29 states that a subsequent transfer cannot occur unless the specified condition is fully met.
S. 30Section 30 states that an earlier transfer remains valid even if a subsequent conditional transfer is invalid.
S. 31Section 31 allows property transfers to include conditions that nullify the transfer if a specified uncertain event occurs or fails to occur.
S. 32Section 32 states that a condition for an interest to cease must relate to a legally valid event.
S. 33Section 33 states that a condition tied to a property transfer is breached if the recipient makes it impossible to fulfill the condition.
S. 34Section 34 allows additional time for fulfilling a condition if fraud prevents timely performance, or deems it fulfilled if fraud indefinitely postpones it.
S. 35Section 35 mandates that property owners must choose to confirm or reject unauthorized transfers, forfeiting any benefits given if they reject.
S. 36Section 36 determines how periodical payments like rents and dividends are apportioned upon transfer of the recipient's interest.
S. 37Section 37 allocates shared obligations among property owners in proportion to their shares unless the duty cannot be divided without increasing the burden.
S. 38Section 38 allows a transfer of property by an authorized person if they acted in good faith after reasonable care.
S. 39Section 39 allows a third person entitled to maintenance from property profits to enforce their right against a gratuitous transferee, but not against a paying transferee without notice.
S. 40Section 40 allows third-party rights or obligations related to property to bind transferees with notice, except those without notice or for value.
S. 41Section allows valid transfer of property by someone who appears to own it, if transferee acts in good faith and checks transferor's authority.
S. 42Section 42 allows a subsequent transfer of property to another for consideration to revoke a prior transfer, subject to conditions.
S. 43Section 43 allows a transferee to enforce a transfer of property even if the transferor later acquires it, unless the transferee acted in good faith.
S. 44Section 44 allows a co-owner to transfer their share of property, but not joint possession rights unless they are family members.
S. 45Section 45 determines how joint ownership of property is divided when transferred for consideration, based on common or separate funds.
S. 46Section 46 outlines how consideration is shared among transferors with distinct interests in immoveable property.
S. 47Section 47 outlines how co-owners can transfer their shares in common property equally or proportionately.
S. 48Section 48 prioritizes earlier rights over later ones in conflicting transfers of the same property.
S. 49Section 49 allows transferee to reclaim insurance money for property restoration if insured against fire damage.
S. 50Section 50 protects bona fide rent payments made to a tenant despite subsequent title defects.
S. 51Section 51 provides that bona fide transferees making improvements in good faith can claim compensation or sale of the property for the improvement's value upon eviction by a superior title holder.
S. 52Section 52 prohibits the transfer of property during a non-collusive suit concerning immovable property without court approval.
S. 54“Sale” defined “Sale” is a transfer of ownership in exchange for a price paid or promised or part-paid and part-prom
S. 55Section 55 outlines seller's duties to disclose defects, provide title documents, and convey property upon payment.
S. 57The section allows the court to direct payment into court to cover encumbrances and expenses, freeing the sold property from such charges.
S. 58Section 58 defines mortgage terms and distinguishes between simple mortgage and mortgage by conditional sale.
S. 60Section 60 allows a mortgagor to redeem mortgaged property by repaying the mortgage-money after the principal becomes due.
S. 60BMortgagor can inspect mortgaged property documents and redeem any mortgage separately.
S. 62Section 62 allows a usufructuary mortgagee to reclaim possession and mortgage documents when mortgage payments are due.
S. 63Section 63 of the Transfer of Property Act, 1882, outlines the rights of a mortgagor to receive accessions to mortgaged property upon redemption.
S. 64Section 64 allows the mortgagor to benefit from a renewed lease on mortgaged property upon redemption.
S. 65Section 65 of the Transfer of Property Act, 1882 implies contracts obligating the mortgagor to defend the mortgaged property's title and pay associated charges.
S. 66A mortgagor in possession isn't liable for property deterioration but must avoid acts that permanently damage it if the mortgage security is insufficient.
S. 67Section 67 allows a mortgagee to seek foreclosure or sale of mortgaged property if mortgage-money is due and unpaid, barring certain exceptions.
S. 69Section 69 allows a mortgagee to sell mortgaged property without court intervention in specific cases, such as English mortgages or when specified by the State Government.
S. 70Section 70 states that mortgagees are entitled to any natural or artificial additions to mortgaged property unless otherwise agreed.
S. 71Section 71 allows mortgagees to obtain renewals of leased mortgaged properties for security purposes.
S. 72Section 72 allows a mortgagee to spend necessary funds for property preservation, title support, and insurance, adding costs to the principal with interest.
S. 74Right of subsequent mortgagee to pay off prior mortgagee [Rep
S. 75Rights of mesne mortgagee against prior and subsequent mortgagees [Rep
S. 76Section 76 outlines the duties of a mortgagee in possession, including prudent management, rent collection, and necessary repairs.
S. 77Section 77 allows mortgagees to receive property income instead of interest under a contract with the mortgagor.
S. 78Section 78 allows a subsequent mortgagee to take precedence over a prior mortgagee if the latter's misconduct induced the former.
S. 79Section 79 prioritizes earlier mortgages over later ones when maximum secured amount is specified, even if later mortgages have notice of the prior mortgage.
S. 80Tacking abolished [Rep
S. 82Section 82 outlines how co-owned properties subject to a mortgage must contribute equally to the mortgage debt unless otherwise agreed.
S. 83Section 83 allows the mortgagor or another entitled party to deposit due mortgage money in court, enabling the mortgagee to accept it in full discharge.
S. 84Section 84 of the Transfer of Property Act, 1882, stops interest on a mortgage once the remaining amount is deposited in court or all required actions are completed.
S. 85Parties to suits for foreclosure, sale and redemption [Rep
S. 93Section 93 prohibits mortgagees from gaining priority through tacking, even with subsequent advances.
S. 94Section 94 outlines the rights of a mesne mortgagee and expenses for redeeming co-mortgagors in successive mortgage transactions.
S. 96Section 96 of the Transfer of Property Act applies provisions for simple mortgages to mortgages by deposit of title-deeds.
S. 98Section 98 of the Transfer of Property Act, 1882, governs the rights and obligations of parties in anomalous mortgages, determined by contract and local usage.
S. 100Section 100 establishes that a charge on property for debt does not merge with subsequent mortgages or charges.
S. 102Section 102 allows service of notices on mortgaged property agents or courts if the original recipient is absent.
S. 103Notice, etc
S. 104The High Court has the authority to create rules for implementing provisions in this chapter.
S. 105Section defines lease as a transfer of right to enjoy immoveable property for consideration, with roles of lessor, lessee, premium, and rent specified.
S. 106Section 106 sets default lease terms for agricultural, manufacturing, and other property leases in absence of a contract or local usage.
S. 108Section 108 outlines the rights and obligations of lessor and lessee in immoveable property leases, including disclosure of defects and protection against destruction by natural forces.
S. 109Section 109 details the rights and liabilities of a lessor's transferee in a lease agreement.
S. 110Section 110 specifies rules for computing lease duration, excluding the start day and detailing lease length and termination options.
S. 111Section 111 details the various circumstances under which a lease of immoveable property can terminate.
S. 112Section 112 waives forfeiture under section 111(g) if rent is accepted post-forfeiture, except if suit for ejectment is pending.
S. 113Section 113 allows a notice to quit to be waived if the lessor accepts rent after the notice expires, indicating the lease continues.
S. 114Section 114 provides relief against lease forfeiture for non-payment of rent if lessee pays overdue rent, interest, costs, or gives sufficient security.
S. 115Section 115 protects under-leases from being affected by the surrender of the main lease, except in cases of fraud or granted relief.
S. 116Section 116 renews a lease yearly or monthly if the lessor accepts rent after the lease ends.
S. 117Section 117 exempts agricultural leases from certain provisions unless the State Government declares otherwise with a six-month notice.
S. 118Section 118 defines "exchange" and outlines the transfer process and liability for defects in exchanged property.
S. 120Section 120 outlines the mutual rights and obligations of sellers and buyers in property transactions.
S. 121Exchange of money On an exchange of money, each party thereby warrants the genuineness of the money given by him
S. 122Section defines "gift" as voluntary transfer of property without consideration, requiring acceptance during donor's lifetime.
S. 124Gift of existing and future property A gift comprising both existing and future property is void as to the latter
S. 125Section 125 voids a gift to multiple recipients if one refuses, affecting their share.
S. 126Section 126 allows a gift to be suspended or revoked upon a specified event, but gifts revocable at the donor's will are void.
S. 127Section 127 outlines rules for accepting onerous gifts, allowing donees to reject burdensome parts of a gift.
S. 128Section 128 makes the donee personally liable for the donor's debts and liabilities up to the extent of the gifted property.
S. 129Section 129 preserves donations made in contemplation of death and does not affect Muhammadan law rules.
S. 130Section 130 of the Transfer of Property Act, 1882, outlines the requirements for validly transferring an actionable claim in writing.
S. 131Section 131 requires written, signed notice for transfer of actionable claims, detailing transferee's name and address.
S. 132Section 132 states that a transferee of an actionable claim assumes all liabilities and equities the transferor had at the time of transfer.
S. 133Section 133 ensures the transferor's warranty of the debtor's solvency applies only at the time of transfer and is limited by the transfer's consideration.
S. 134Section 134 details how a transferred debt for securing another debt is applied first to recovery costs and then to the secured debt, with any surplus going to the transferor.
S. 136Section 136 prohibits judges, legal practitioners, and court officers from buying or receiving interests in actionable claims.
S. 137Saving of negotiable instruments, etc
S. 1806I of 1877 Specific Relief In sections 35 and 36, the words ¡§in writing¡¨
S. 2107Section outlines requirements for registering leases of immoveable property, allowing shorter leases to be made orally if possession is delivered.
S. 2123Section specifies requirements for transferring ownership of immoveable and moveable property through registered instruments or delivery.