The TRANSFER OF PROPERTY ACT, 1882

delhi · 1882

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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 defines terms like "immoveable property," "instrument," and "attested" for the Transfer of Property Act.
S. 4Section 4 integrates the Transfer of Property Act with the Indian Contract Act and supplements it with the Indian Registration Act.
S. 5Defines "transfer of property" as an act conveying present or future property to oneself or others.
S. 6Section 6 of the Transfer of Property Act, 1882, specifies what types of property cannot be transferred.
S. 7Section 7 states that anyone who can legally contract and owns transferable property can transfer it, subject to applicable laws.
S. 8Section 8 states that a transfer of property immediately transfers all interests and related rights to the transferee unless otherwise specified.
S. 9Property can be transferred orally if not required by law to be in writing.
S. 10Section 10 prohibits conditions that prevent transfer of property interest, except for certain leases and women's property protection.
S. 11Section 11 allows a recipient to freely use and transfer property interests despite transfer terms restricting their enjoyment.
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 interests of the transferor.
S. 14Section 14 prohibits creating property interests that vest beyond the lifetime of a living person and the minority of another.
S. 15Section 15 specifies that if an interest fails for some members due to rules in sections 13 and 14, it fails only for those members, not the whole class.
S. 17Section 17 limits property accumulation duration in transfers, voiding excess beyond 18 years or transferor's life, except for debt, family provision, or property maintenance.
S. 18Section 18 exempts property transfers for public benefits from certain restrictions.
S. 19Section 19 of the Transfer of Property Act, 1882, states that interests created in property transfers are vested unless otherwise specified.
S. 20Section 20 states that a unborn person acquires a vested interest upon birth if property is transferred for their benefit.
S. 21Section 21 explains contingent interests created in property transfers based on uncertain 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, failing if it doesn't occur before the preceding interest ends.
S. 24Section 24 specifies that property transfers to the survivors of specified 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 outlines how a secondary transfer takes effect if the primary transfer fails, unless the parties specify a particular failure condition.
S. 28Section allows conditional transfers of property based on uncertain future events.
S. 29Section 29 states that a subsequent disposition becomes effective only when the specified condition is strictly met.
S. 30Section 30 states that an earlier transfer remains valid even if a subsequent disposition is invalid.
S. 31Section 31 allows property transfers to include conditions that terminate the transfer if a specified uncertain event occurs or does not 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 for performing an act on property transfer is broken if the act becomes permanently or indefinitely impossible.
S. 34Section 34 allows additional time for fulfilling a condition if fraud prevents timely performance, or deems the condition fulfilled if fraud indefinitely postpones it.
S. 35Section 35 mandates that the owner of property improperly transferred must choose to confirm or reject the transfer, forfeiting any benefits given if they reject.
S. 36Section 36 determines how periodical payments like rents and pensions 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 or increased, in which case it's designated by the owners.
S. 38Section 38 allows a transfer of property by an authorized person under certain variable circumstances if the buyer acts in good faith after reasonable care.
S. 39Section 39 allows a third person's maintenance rights to be enforced against a gratuitous property transferee but not against one who pays consideration.
S. 40Section 40 allows third parties to enforce obligations or restrictions on property use against transferees with notice, but not against those without notice or for consideration.
S. 41Section allows valid transfer of property by an ostensible owner with consent, if transferee acts in good faith.
S. 42Section 42 allows a transfer of property to a new party if the original transfer had a revocable condition.
S. 43Section 43 allows a transferee to enforce a fraudulent or erroneous transfer, even if the transferor later acquires the property.
S. 44Section 44 allows a co-owner to transfer their share of property, but not joint possession rights unless they are a family member.
S. 45Section 45 outlines how joint ownership of property is determined when transferred for consideration from common or separate funds.
S. 46Section 46 outlines how consideration is shared among transferors with distinct interests in immoveable property.
S. 47Section 47 details 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 apply insurance money received by transferor for property restoration if insured against fire.
S. 50Section protects bona fide rent payments made to a holder under a defective title from liability.
S. 51Section 51 protects bona fide transferees from eviction by requiring compensation for improvements made in good faith.
S. 52Section 52 prohibits the transfer of property during a non-collusive suit where property rights are in question, unless authorized by the court.
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 obligations in property sales, including disclosure of defects, document provision, and property care.
S. 57Section 57 allows the court to provide funds to pay off encumbrances on sold property and may declare the property free of such encumbrances.
S. 58Section 58 defines mortgage, types of mortgages, and the roles of mortgagor and mortgagee under the Transfer of Property Act.
S. 60Section 60 allows a mortgagor to redeem mortgaged property by repaying the mortgage-money after the principal becomes due.
S. 60BSection 60B allows a mortgagor to inspect mortgage documents during the right of redemption.
S. 62Section 62 allows a usufructuary mortgager to reclaim possession and mortgage documents when mortgage payments are fulfilled.
S. 63Section 63 of the Transfer of Property Act, 1882, outlines the rights of the mortgagor regarding 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 from the mortgagor to the mortgagee regarding property title defense and payment of charges.
S. 66A mortgagor in possession cannot be held liable for property deterioration but must avoid acts that permanently damage it if the security becomes insufficient.
S. 67Section 67 allows a mortgagee to seek foreclosure or sale of mortgaged property if mortgage-money is due and unpaid.
S. 69Section 69 allows a mortgagee to sell mortgaged property without court intervention in specific cases, including English mortgages and government mortgages.
S. 70Section 70 states that mortgagees are entitled to any additions to mortgaged property unless otherwise agreed.
S. 71Section 71 allows mortgagees to receive renewals of leased mortgaged properties as security unless otherwise agreed.
S. 72Section 72 allows a mortgagee in possession 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 use receipts from mortgaged property instead of interest payments under a specific contract.
S. 78Section 78 postpones the prior mortgagee to the subsequent one if the prior mortgagee's fraud or neglect induced another to mortgage the property.
S. 79Section 79 prioritizes prior mortgages over subsequent ones when maximum secured amount is specified.
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 to deposit due mortgage money in court, enabling the mortgagee to accept it in full discharge and receive the mortgage deed.
S. 84Section 84 of the Transfer of Property Act, 1882, states that interest on a mortgage ceases when the remaining mortgage amount is deposited or tendered in court.
S. 85Parties to suits for foreclosure, sale and redemption [Rep
S. 93Section 93 prohibits mortgagees from gaining priority through tacking, regardless of prior or subsequent advances.
S. 94Section 94 outlines the rights of a mesne mortgagee and expenses for redeeming co-mortgagor in successive mortgage transactions.
S. 96Section 96 applies provisions for simple mortgages to mortgages by deposit of title-deeds.
S. 98Section 98 determines rights and liabilities in anomalous mortgages based on the mortgage-deed and local usage if the deed is insufficient.
S. 100Section 100 establishes that a charge on immoveable property for debt does not merge with subsequent mortgages or charges.
S. 102Section 102 allows service of notice or tender on an agent or court if the original recipient is absent or unknown.
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 a term or perpetuity in consideration of periodic or specified payments.
S. 106Section 106 sets default lease durations and termination notice periods for immoveable property leases in Delhi.
S. 108Section 108 outlines the rights and liabilities of lessor and lessee in immoveable property leases, including disclosure of defects and lease termination by destruction.
S. 109Section 109 outlines the rights and liabilities of a lessor's transferee in a lease agreement.
S. 110Section 110 specifies rules for computing lease durations, excluding the start day and detailing lease terms for a year or more.
S. 111Section 111 of the Transfer of Property Act, 1882, outlines the various circumstances under which a lease of immoveable property can terminate.
S. 112Section 112 waives forfeiture if rent due after forfeiture is accepted, unless a suit for ejectment is pending.
S. 113Section 113 waives a notice to quit if the lessor accepts rent after the notice expires, indicating the lease remains valid.
S. 114Section 114 provides relief against lease forfeiture for non-payment of rent if lessee pays overdue rent, interest, and costs or provides sufficient security.
S. 115Section 115 protects under-leases from being affected by the surrender of the main lease, except for rent changes, unless the surrender aims for a new lease.
S. 116Section 116 renews a lease if the lessee stays after its end and the lessor accepts rent.
S. 117Section 117 exempts agricultural leases from most provisions unless the State Government declares otherwise with a six-month notice.
S. 118Section 118 defines "exchange" and outlines the rights of a party deprived of property received in an exchange due to title defects.
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 exempts donations made in anticipation of death and preserves Muhammadan law rules.
S. 130Section 130 of the Transfer of Property Act, 1882, governs the transfer of actionable claims, requiring a written instrument for validity and allowing the transferee to sue in their own name.
S. 131Section 131 requires written, signed notice for transfer of actionable claims, signed by transferor or authorized agent, or transferee if transferor refuses.
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 warrants the debtor's solvency at transfer time, limited by consideration amount.
S. 134Section 134 details how a transferred debt for mortgage security is first used to pay recovery costs and then to satisfy the mortgage, with any surplus going to the transferor.
S. 136Section 136 prohibits judges, legal practitioners, and court officers from buying or benefiting from 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 2107 specifies that leases for more than one year must be registered, while shorter leases can be oral with possession delivery.
S. 2123Section specifies requirements for transferring ownership of immoveable and moveable property through registered instruments or delivery.