Section List

4/1882 - The Transfer of Property Act, 1882 ▶

Act Number: 4

Act Name: The Transfer of Property Act, 1882

Year: 1882

Enactment Date: 1882-02-17

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

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section Number	Title	Actions
2	Repeal of Acts.
3	Interpretation-clause.
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.
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.
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.
35	Election when necessary.
36	Apportionment of periodical payments on determination of interest of person entitled.
37	Apportionment of benefit of obligation on severance.
38	Transfer by person authori sed only under certain circumstances to transfer.
39	Transfer where third person is entitled to maintenance.
41	Transfer by ostensible owner.
42	Transfer by person having authority to revoke former transfer.
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.
54	“Sale” defined.
55	Rights and liabilities of buyer and seller.
56	Marshalling by subsequent purchaser.
57	Provision by Court for incumbrances and sale freed therefrom.
59	Mortgage when to be by assurance.
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.
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.
78	Postponement of prior mortgagee.
79	Mortgage to secure uncertain amount when maximum is expressed.
80	[Repealed.].
81	Marshalling securities.
82	Contribution to mortgage-debt.
83	Power to deposit in Court money due on mortgage.
84	Cessation of interest.
85	[Repealed.].
86	[Repealed.].
87	[Repealed.].
88	[Repealed.].
89	[Repealed.].
90	[Repealed.].
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.].
98	Rights and liabilities of parties to anomalous mortgages.
99	[Repealed.].
100	Charges.
101	No merger in case of subsequent encumbrance.
102	Service or tender on or to agent.
103	Notice, etc., to or by person incompetent to contract.
104	Power to make rules.
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.
118	“Exchange” defined.
119	Right of party deprived of thing received in exchange.
120	Rights and liabilities of parties.
121	Exchange of money.
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.
130	Transfer of actionable claim.
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.
1	Short title .
27	Conditional transfer to one person coupled with transfer to another on failure of prior disposition.
4	Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.
31	Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.
40	Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement.
43	Transfer by unauthorised person who subsequently acquires interest in property transferred.
58	Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined.
130A	Repealed.
131	Notice to be in writing, signed.
59A	References to mortgagors and mortgagees to include persons deriving title from them.