Act 4 of 1882

The Transfer of Property Act, 1882

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

  • Ministry of Law and Justice
  • Legislative Department
  • Enacted 1882-02-17
  • 148 sections
SectionTitle
1 Short title .Read
2 Repeal of Acts.Read
3 Interpretation-clause.Read
4 Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.Read
5 “Transfer of property” defined.Read
6 What may be transferred.Read
7 Persons competent to transfer.Read
8 Operation of transfer.Read
9 Oral transfer.Read
10 Condition restraining alienation.Read
11 Restriction repugnant to interest cleated.Read
12 Condition making interest determinable on insolvency or attempted alienation.Read
13 Transfer for benefit of unborn person.Read
14 Rule against, perpetuity.Read
15 Transfer to class some of whom come under sect ions 13 and 14.Read
16 Transfer to take effect on failure of prior interest .Read
17 Direction for accumulation.Read
18 Transfer in perpetuity for benefit of public.Read
19 Vested interest.Read
20 When unborn person acquires vested interest on transfer for his benef it .Read
21 Contingent interest.Read
22 Transfer to members of a class who attain a particular age.Read
23 Transfer contingent on happening of specified uncertain event.Read
24 Transfer to such of certain persons as survive at some period not specified.Read
25 Conditional transfer.Read
26 Fulfilment of condition precedent.Read
27 Conditional transfer to one person coupled with transfer to another on failure of prior disposition.Read
28 Ulterior transfer conditional on happening or not happening of specified event.Read
29 Fulfilment of condition subsequent.Read
30 Prior disposition not affected by invalidity of ulterior disposition.Read
31 Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.Read
32 Such condition must not be invalid.Read
33 Transfer conditional on performance of act, no time being specified for performance.Read
34 Transfer conditional on performance of act, time being specified.Read
35 Election when necessary.Read
36 Apportionment of periodical payments on determination of interest of person entitled.Read
37 Apportionment of benefit of obligation on severance.Read
38 Transfer by person authori sed only under certain circumstances to transfer.Read
39 Transfer where third person is entitled to maintenance.Read
40 Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement.Read
41 Transfer by ostensible owner.Read
42 Transfer by person having authority to revoke former transfer.Read
43 Transfer by unauthorised person who subsequently acquires interest in property transferred.Read
44 Transfer by one co-owner.Read
45 Joint transfer for consideration.Read
46 Transfer for consideration by persons having distinct interests.Read
47 Transfer by co-owners of share in common property.Read
48 Priority of rights created by transfer.Read
49 Transferee's right under policy.Read
50 Rent bona fide paid to holder under defective title.Read
51 Improvements made by bona fide holders under defective titles.Read
52 Transfer of property pending suit relating thereto.Read
53 Fraudulent transfer.Read
53A Part performance.Read
54 “Sale” defined.Read
55 Rights and liabilities of buyer and seller.Read
56 Marshalling by subsequent purchaser.Read
57 Provision by Court for incumbrances and sale freed therefrom.Read
58 Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined.Read
59 Mortgage when to be by assurance.Read
59A References to mortgagors and mortgagees to include persons deriving title from them.Read
60 Right of mortgagor to redeem.Read
60A Obligation to transfer to third party instead of re -transference to mortgagor.Read
60B Right to inspection and production of documents.Read
61 Right to redeem separately or simultaneously.Read
62 Right of usufructuary mortgagor to recover possession.Read
63 Accession to mortgaged property.Read
63A Improvements to mortgaged property.Read
64 Renewal of mortgaged lease.Read
65 Implied contracts by mortgagor.Read
65A Mortgagor‟s power to lease.Read
66 Waste by mortgagor in possession.Read
67 Right to foreclosure or sale.Read
67A Mortgagee when bound to bring one suit on several mortgages.Read
68 Right to sue for mortgage-money.Read
69 Power of sale when valid.Read
69A Appointment of receiver.Read
70 Accession to mortgaged property.Read
71 Renewal of mortgaged lease.Read
72 Rights of mortgagee in possession.Read
73 Right to proceeds of revenue sale or compensation on acquisition.Read
74 [Repealed.].Read
75 [Repealed.].Read
76 Liabilities of mortgagee in possession.Read
77 Receipts in lieu of interests.Read
78 Postponement of prior mortgagee.Read
79 Mortgage to secure uncertain amount when maximum is expressed.Read
80 [Repealed.].Read
81 Marshalling securities.Read
82 Contribution to mortgage-debt.Read
83 Power to deposit in Court money due on mortgage.Read
84 Cessation of interest.Read
85 [Repealed.].Read
86 [Repealed.].Read
87 [Repealed.].Read
88 [Repealed.].Read
89 [Repealed.].Read
90 [Repealed.].Read
91 Persons who may sue for redemption.Read
92 Subrogation.Read
93 Prohibition of tacking.Read
94 Right of mesne mortgagee.Read
95 Right of redeeming co-mortgagor to expenses.Read
96 Mortgage by deposit of title-deeds.Read
97 [Repealed.].Read
98 Rights and liabilities of parties to anomalous mortgages.Read
99 [Repealed.].Read
100 Charges.Read
101 No merger in case of subsequent encumbrance.Read
102 Service or tender on or to agent.Read
103 Notice, etc., to or by person incompetent to contract.Read
104 Power to make rules.Read
105 Lease defined.Read
106 Duration of certain leases in absence of written contract or local usage.Read
107 leases how made.Read
108 Rights and liabilities of lessor and lessee.Read
109 Rights of lessor‟s transferee.Read
110 Exclusion of day on which term commences.Read
111 Determination of lease.Read
112 Waiver of forfeiture.Read
113 Waiver of notice to quit.Read
114 Relief against forfeiture for non-payment of rent.Read
114A Relief against forfeiture in certain other cases.Read
115 Effect of surrender and forfeiture on under-leases.Read
116 Effect of holding over.Read
117 Exemption of leases for agricultural purposes.Read
118 “Exchange” defined.Read
119 Right of party deprived of thing received in exchange.Read
120 Rights and liabilities of parties.Read
121 Exchange of money.Read
122 “Gift” defined.Read
123 Transfer how effected.Read
124 Gift of existing and future property.Read
125 Gift to several, of whom one does not accept.Read
126 When gift may be suspended or revoked.Read
127 Onerous gifts.Read
128 Universal donee.Read
129 Saving of donations mortis causa and Muhammadan law.Read
130 Transfer of actionable claim.Read
130A Repealed.Read
131 Notice to be in writing, signed.Read
132 Liability of transferee of actionable claim.Read
133 Warranty of solvency of debtor.Read
134 Mortgaged debt.Read
135 Assignment of rights under policy of insurance against fire.Read
135A [Repealed.].Read
136 Incapacity of officers connected with Courts of Justice.Read
137 Saving of negotiable instruments, etc.Read
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