The Transfer of Property Act
An Act to amend the law relating to the Transfer of Property by act of Parties.1882
List of Chapters & Sections
PRELIMINARY
(A) Transfer of property, whether moveable or immoveable
Election
Apportionment
(B) Transfer of immoveable property
OF SALES OF IMMOVEABLE PROPERTY
Discharge of incumbrances on sale
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
Rights and liabilities of mortgagor
Rights and liabilities of Mortgagee
Priority
Marshalling and contribution
Deposit in Court
Suits for foreclosure, sale or redemption
Foreclosure and sale
Redemption
Anomalous mortgages
Attachment of mortgaged property
Charges
Notice and tender
OF LEASES OF IMMOVEABLE PROPERTY
OF EXCHANGES
OF GIFTS
OF TRANSFERS OF ACTIONABLE CLAIMS
PRELIMINARY
(A) Transfer of property, whether moveable or immoveable
5“Transfer of property” defined6What may be transferred7Persons competent to transfer8Operation of transfer9Oral transfer10Condition restraining alienation11Restriction repugnant to interest cleated12Condition making interest determinable on insolvency or attempted alienation13Transfer for benefit of unborn person14Rule against, perpetuity15Transfer to class some of whom come under sect ions 13 and 1416Transfer to take effect on failure of prior interest17Direction for accumulation18Transfer in perpetuity for benefit of public19Vested interest20When unborn person acquires vested interest on transfer for his benef it21Contingent interest22Transfer to members of a class who attain a particular age23Transfer contingent on happening of specified uncertain event24Transfer to such of certain persons as survive at some period not specified25Conditional transfer26Fulfilment of condition precedent27Conditional transfer to one person coupled with transfer to another on failure of prior disposition28Ulterior transfer conditional on happening or not happening of specified event29Fulfilment of condition subsequent30Prior disposition not affected by invalidity of ulterior disposition31Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen32Such condition must not be invalid33Transfer conditional on performance of act, no time being specified for performance34Transfer conditional on performance of act, time being specifiedElection
Apportionment
(B) Transfer of immoveable property
38Transfer by person authori sed only under certain circumstances to transfer39Transfer where third person is entitled to maintenance40Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement41Transfer by ostensible owner42Transfer by person having authority to revoke former transfer43Transfer by unauthorised person who subsequently acquires interest in property transferred44Transfer by one co-owner45Joint transfer for consideration46Transfer for consideration by persons having distinct interests47Transfer by co-owners of share in common property48Priority of rights created by transfer49Transferee's right under policy50Rent bona fide paid to holder under defective title51Improvements made by bona fide holders under defective titles52Transfer of property pending suit relating thereto53Fraudulent transfer53APart performanceOF SALES OF IMMOVEABLE PROPERTY
Discharge of incumbrances on sale
OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
Rights and liabilities of mortgagor
60Right of mortgagor to redeem60AObligation to transfer to third party instead of re -transference to mortgagor60BRight to inspection and production of documents61Right to redeem separately or simultaneously62Right of usufructuary mortgagor to recover possession63Accession to mortgaged property63AImprovements to mortgaged property64Renewal of mortgaged lease65Implied contracts by mortgagor65AMortgagor‟s power to lease66Waste by mortgagor in possessionRights and liabilities of Mortgagee
67Right to foreclosure or sale67AMortgagee when bound to bring one suit on several mortgages68Right to sue for mortgage-money69Power of sale when valid69AAppointment of receiver70Accession to mortgaged property71Renewal of mortgaged lease72Rights of mortgagee in possession73Right to proceeds of revenue sale or compensation on acquisition74[Repealed.]75[Repealed.]76Liabilities of mortgagee in possession77Receipts in lieu of interestsPriority
Marshalling and contribution
Deposit in Court
Suits for foreclosure, sale or redemption
Foreclosure and sale
Redemption
Anomalous mortgages
Attachment of mortgaged property
Charges
Notice and tender
OF LEASES OF IMMOVEABLE PROPERTY
105Lease defined106Duration of certain leases in absence of written contract or local usage107leases how made108Rights and liabilities of lessor and lessee109Rights of lessor‟s transferee110Exclusion of day on which term commences111Determination of lease112Waiver of forfeiture113Waiver of notice to quit114Relief against forfeiture for non-payment of rent114ARelief against forfeiture in certain other cases115Effect of surrender and forfeiture on under-leases116Effect of holding over117Exemption of leases for agricultural purposesOF EXCHANGES
OF GIFTS
OF TRANSFERS OF ACTIONABLE CLAIMS
130Transfer of actionable claim130ARepealed131Notice to be in writing, signed132Liability of transferee of actionable claim133Warranty of solvency of debtor134Mortgaged debt135Assignment of rights under policy of insurance against fire135A[Repealed.]136Incapacity of officers connected with Courts of Justice137Saving of negotiable instruments, etc