Transfer of Property Act

An Act to amend the law relating to the Transfer of Property by act of Parties.

Act Id	188204
Act Number	04
Enactment Date	1882-02-17
Act Year	1882
Ministry	Ministry of Law and Justice
Enforcement Date	01-07-1882

PRELIMINARY
- 1 Short title
- 2 Repeal of Acts
- 3 Interpretation-clause
- 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

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