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LAWGIST

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

  1. PRELIMINARY

  2. 1
     Short title
  3. 2
     Repeal of Acts
  4. 3
     Interpretation-clause
  5. 4
     Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act

  • (A) Transfer of property, whether moveable or immoveable

  • 5
     “Transfer of property” defined
  • 6
     What may be transferred
  • 7
     Persons competent to transfer
  • 8
     Operation of transfer
  • 9
     Oral transfer
  • 10
     Condition restraining alienation
  • 11
     Restriction repugnant to interest cleated
  • 12
     Condition making interest determinable on insolvency or attempted alienation
  • 13
     Transfer for benefit of unborn person
  • 14
     Rule against, perpetuity
  • 15
     Transfer to class some of whom come under sect ions 13 and 14
  • 16
     Transfer to take effect on failure of prior interest
  • 17
     Direction for accumulation
  • 18
     Transfer in perpetuity for benefit of public
  • 19
     Vested interest
  • 20
     When unborn person acquires vested interest on transfer for his benef it
  • 21
     Contingent interest
  • 22
     Transfer to members of a class who attain a particular age
  • 23
     Transfer contingent on happening of specified uncertain event
  • 24
     Transfer to such of certain persons as survive at some period not specified
  • 25
     Conditional transfer
  • 26
     Fulfilment of condition precedent
  • 27
     Conditional transfer to one person coupled with transfer to another on failure of prior disposition
  • 28
     Ulterior transfer conditional on happening or not happening of specified event
  • 29
     Fulfilment of condition subsequent
  • 30
     Prior disposition not affected by invalidity of ulterior disposition
  • 31
     Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
  • 32
     Such condition must not be invalid
  • 33
     Transfer conditional on performance of act, no time being specified for performance
  • 34
     Transfer conditional on performance of act, time being specified

  • Election

  • 35
     Election when necessary

  • Apportionment

  • 36
     Apportionment of periodical payments on determination of interest of person entitled
  • 37
     Apportionment of benefit of obligation on severance

  • (B) Transfer of immoveable property

  • 38
     Transfer by person authori sed only under certain circumstances to transfer
  • 39
     Transfer where third person is entitled to maintenance
  • 40
     Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement
  • 41
     Transfer by ostensible owner
  • 42
     Transfer by person having authority to revoke former transfer
  • 43
     Transfer by unauthorised person who subsequently acquires interest in property transferred
  • 44
     Transfer by one co-owner
  • 45
     Joint transfer for consideration
  • 46
     Transfer for consideration by persons having distinct interests
  • 47
     Transfer by co-owners of share in common property
  • 48
     Priority of rights created by transfer
  • 49
     Transferee's right under policy
  • 50
     Rent bona fide paid to holder under defective title
  • 51
     Improvements made by bona fide holders under defective titles
  • 52
     Transfer of property pending suit relating thereto
  • 53
     Fraudulent transfer
  • 53A
     Part performance

  • OF SALES OF IMMOVEABLE PROPERTY

  • 54
     “Sale” defined
  • 55
     Rights and liabilities of buyer and seller
  • 56
     Marshalling by subsequent purchaser

  • Discharge of incumbrances on sale

  • 57
     Provision by Court for incumbranccs, and sale freed therefrom

  • OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES

  • 58
     Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined
  • 59
     Mortgage when to be by assurance
  • 59A
     References to mortgagors and mortgagees to include persons deriving title from them

  • Rights and liabilities of mortgagor

  • 60
     Right of mortgagor to redeem
  • 60A
     Obligation to transfer to third party instead of re -transference to mortgagor
  • 60B
     Right to inspection and production of documents
  • 61
     Right to redeem separately or simultaneously
  • 62
     Right of usufructuary mortgagor to recover possession
  • 63
     Accession to mortgaged property
  • 63A
     Improvements to mortgaged property
  • 64
     Renewal of mortgaged lease
  • 65
     Implied contracts by mortgagor
  • 65A
     Mortgagor‟s power to lease
  • 66
     Waste by mortgagor in possession

  • Rights and liabilities of Mortgagee

  • 67
     Right to foreclosure or sale
  • 67A
     Mortgagee when bound to bring one suit on several mortgages
  • 68
     Right to sue for mortgage-money
  • 69
     Power of sale when valid
  • 69A
     Appointment of receiver
  • 70
     Accession to mortgaged property
  • 71
     Renewal of mortgaged lease
  • 72
     Rights of mortgagee in possession
  • 73
     Right to proceeds of revenue sale or compensation on acquisition
  • 74
     [Repealed.]
  • 75
     [Repealed.]
  • 76
     Liabilities of mortgagee in possession
  • 77
     Receipts in lieu of interests

  • Priority

  • 78
     Postponement of prior mortgagee
  • 79
     Mortgage to secure uncertain amount when maximum is expressed
  • 80
     [Repealed.]

  • Marshalling and contribution

  • 81
     Marshalling securities
  • 82
     Contribution to mortgage-debt

  • Deposit in Court

  • 83
     Power to deposit in Court money due on mortgage
  • 84
     Cessation of interest

  • Suits for foreclosure, sale or redemption

  • 85
     [Repealed.]

  • Foreclosure and sale

  • 86
     [Repealed.]
  • 87
     [Repealed.]
  • 88
     [Repealed.]
  • 89
     [Repealed.]
  • 90
     [Repealed.]

  • Redemption

  • 91
     Persons who may sue for redemption
  • 92
     Subrogation
  • 93
     Prohibition of tacking
  • 94
     Right of mesne mortgagee
  • 95
     Right of redeeming co-mortgagor to expenses
  • 96
     Mortgage by deposit of title-deeds
  • 97
     [Repealed.]

  • Anomalous mortgages

  • 98
     Rights and liabilities of parties to anomalous mortgages

  • Attachment of mortgaged property

  • 99
     [Repealed.]

  • Charges

  • 100
     Charges
  • 101
     No merger in case of subsequent encumbrance

  • Notice and tender

  • 102
     Service or tender on or to agent
  • 103
     Notice, etc., to or by person incompetent to contract
  • 104
     Power to make rules

  • OF LEASES OF IMMOVEABLE PROPERTY

  • 105
     Lease defined
  • 106
     Duration of certain leases in absence of written contract or local usage
  • 107
     leases how made
  • 108
     Rights and liabilities of lessor and lessee
  • 109
     Rights of lessor‟s transferee
  • 110
     Exclusion of day on which term commences
  • 111
     Determination of lease
  • 112
     Waiver of forfeiture
  • 113
     Waiver of notice to quit
  • 114
     Relief against forfeiture for non-payment of rent
  • 114A
     Relief against forfeiture in certain other cases
  • 115
     Effect of surrender and forfeiture on under-leases
  • 116
     Effect of holding over
  • 117
     Exemption of leases for agricultural purposes

  • OF EXCHANGES

  • 118
     “Exchange” defined
  • 119
     Right of party deprived of thing received in exchange
  • 120
     Rights and liabilities of parties
  • 121
     Exchange of money

  • OF GIFTS

  • 122
     “Gift” defined
  • 123
     Transfer how effected
  • 124
     Gift of existing and future property
  • 125
     Gift to several, of whom one does not accept
  • 126
     When gift may be suspended or revoked
  • 127
     Onerous gifts
  • 128
     Universal donee
  • 129
     Saving of donations mortis causa and Muhammadan law

  • OF TRANSFERS OF ACTIONABLE CLAIMS

  • 130
     Transfer of actionable claim
  • 130A
     Repealed
  • 131
     Notice to be in writing, signed
  • 132
     Liability of transferee of actionable claim
  • 133
     Warranty of solvency of debtor
  • 134
     Mortgaged debt
  • 135
     Assignment of rights under policy of insurance against fire
  • 135A
     [Repealed.]
  • 136
     Incapacity of officers connected with Courts of Justice
  • 137
     Saving of negotiable instruments, etc