The Transfer of Property Act, 1882

1. PreamblePreamble

Chapter I PRELIMINARY

1. Section 1Short title
2. Section 2Repeal of Acts Saving of certain enactments, incidents, rights, liabilities, etc.
3. Section 3Interpretation-clause
4. Section 4Enactments relating to contracts to be taken as part of contract Act

Chapter II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

1. Section 5“Transfer of property” defined
2. Section 6What may be transferred
3. Section 7Persons competent to transfer
4. Section 8Operation of transfer
5. Section 9Oral transfer
6. Section 10Condition restraining alienation
7. Section 11Restriction repugnant to interest created
8. Section 12Condition making interest determinable on insolvency or attempted alienation
9. Section 13Transfer for benefit of unborn person
10. Section 14Rule against perpetuity
11. Section 15Transfer to class some of whom come under sections 13 and 14
12. Section 16Transfer to take effect on failure of prior interest
13. Section 17Direction for accumulation
14. Section 18Transfer in perpetuity for benefit of public
15. Section 19Vested interest
16. Section 20When unborn person acquires vested interest on transfer for his benefit
17. Section 21Contingent interest
18. Section 22Transfer to members of a class who attain a particular age
19. Section 23Transfer contingent on happening of specified uncertain event
20. Section 24Transfer to such of certain persons as survive at some period not specified
21. Section 25Conditional transfer
22. Section 26Fulfilment of condition precedent
23. Section 27Conditional transfer to one person coupled with transfer to another on failure of prior disposition
24. Section 28Ulterior transfer conditional on happening or not happening of specified event
25. Section 29Fulfilment of condition subsequent
26. Section 30Prior disposition not affected by invalidity of ulterior disposition
27. Section 31Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
28. Section 32Such condition must not be invalid
29. Section 33Transfer conditional on performance of act, no time being specified for performance
30. Section 34Transfer conditional on performance of act, time being specified
31. Section 35Election when necessary
32. Section 36Apportionment of periodical payments on determination of interest of person entitled
33. Section 37Apportionment of benefit of obligation on severance
34. Section 38Transfer by person authorised only under certain circumstances to transfer
35. Section 39Transfer where third person is entitled to maintenance
36. Section 40Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement
37. Section 41Transfer by ostensible owner
38. Section 42Transfer by person having authority to revoke former transfer
39. Section 43Transfer by unauthorised person who subsequently acquires interest in property transferred
40. Section 44Transfer by one co- owner
41. Section 45Joint transfer for consideration
42. Section 46Transfer for consideration by persons having distinct interests
43. Section 47Transfer by co-owners of share in common property
44. Section 48Priority of rights created by transfer
45. Section 49Transferee’s right under policy
46. Section 50Rent bona fide paid to holder under defective title
47. Section 51Improvements made by bona fide holders under defective titles
48. Section 52Transfer of property pending suit relating thereto
49. Section 53BImmoveable Property under a contract for sale not to be transferred
50. Section 53CImmoveable Property without Khatian not to be sold
51. Section 53DImmoveable Property under mortgage not to be transferred
52. Section 53EInstrument of transfer to be supported by affidavit
53. Section 53Fraudulent transfer
54. Section 53APart performance

Chapter III OF SALES OF IMMOVEABLE PROPERTY

1. Section 54“Sale” defined
2. Section 54AContract for sale to be registered, etc.
3. Section 55Rights and liabilities of buyer and seller
4. Section 56Marshalling by subsequent purchaser
5. Section 57Provision by Court for incumbrance and sale freed therefrom

Chapter IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES

1. Section 58“Mortgage,” “mortgagor,” “mortgagee,” “mortgage-money” and “mortgage-deed”defined
2. Section 59Mortgage when to be by assurance
3. Section 59AReferences to mortgagors and mortgagees to include persons deriving title from them
4. Section 60Right of mortgagor to redeem.
5. Section 60AObligation to transfer to third party instead of re-transference to mortgagor
6. Section 60BRight to inspection and production of documents
7. Section 61Right to redeem separately or simultaneously
8. Section 62Right of usufructuary mortgagor to recover possession
9. Section 63Accession to mortgaged property
10. Section 63AImprovements to mortgaged property
11. Section 64Renewal of mortgaged lease
12. Section 65Implied contracts by mortgagor
13. Section 65AMortgagor’s power to lease
14. Section 66Waste by mortgagor in possession
15. Section 67Right to foreclosure or sale
16. Section 67AMortgagee when bound to bring one suit on several mortgages
17. Section 68Right to sue for mortgage-money
18. Section 69Power of sale when valid
19. Section 69AAppointment of receiver
20. Section 70Accession to mortgaged property
21. Section 71Renewal of mortgaged lease
22. Section 72Rights of mortgagee in possession
23. Section 73Right to proceeds of revenue sale or compensation on acquisition
24. Section 74[Repealed]Repealed
25. Section 75[Repealed]Repealed
26. Section 76Liabilities of mortgagee in possession
27. Section 77Receipts in lieu of interest
28. Section 78Postponement of prior mortgagee
29. Section 79Mortgage to secure uncertain amount when maximum is expressed
30. Section 80[Repealed]Repealed
31. Section 81Marshalling securities
32. Section 82Contribution to mortgage-debt
33. Section 83Power to deposit in Court money due on mortgage
34. Section 84Cessation of interest
35. Section 85[Repealed]Repealed
36. Section 86[Repealed]Repealed
37. Section 87[Repealed]Repealed
38. Section 88[Repealed]Repealed
39. Section 89[Repealed]Repealed
40. Section 90[Repealed]Repealed
41. Section 91Person who may sue for redemption
42. Section 92Subrogation
43. Section 93Prohibition of tacking
44. Section 94Rights of mesne mortgagee
45. Section 95Right of redeeming co-mortgagor to expenses
46. Section 96Mortgage by deposit of title-deeds
47. Section 97[Repealed]Repealed
48. Section 98Rights and liabilities of parties to anomalous mortgages
49. Section 99[Repealed]Repealed
50. Section 100Charges
51. Section 101No merger in case of subsequent encumbrance
52. Section 102Service or tender on or to agent
53. Section 103Notice, etc., to or by person incompetent to contract
54. Section 104Power to make rules

Chapter V OF LEASES OF IMMOVEABLE PROPERTY

1. Section 105“Lease” defined
2. Section 106Duration of certain leases in absence of written contract or local usage
3. Section 107Leases how made
4. Section 108Rights and liabilities of lessor and lessee
5. Section 109Rights of lessor’s transferee
6. Section 110Exclusion of day on which term commences
7. Section 111Determination of lease
8. Section 112Waiver of forfeiture
9. Section 113Waiver of notice to quit
10. Section 114Relief against forfeiture for non-payment of rent
11. Section 114ARelief against forfeiture in certain other cases
12. Section 115Effect of surrender and forfeiture on under-leases
13. Section 116Effect of holding over
14. Section 117Exemption of leases for agricultural purposes

Chapter VI OF EXCHANGES

1. Section 118“Exchange” defined
2. Section 119Right of party deprived of thing received in exchange
3. Section 120Rights and liabilities of parties
4. Section 121Exchange of money

Chapter VII OF GIFTS

1. Section 122“Gift” defined
2. Section 122AGift with reservation of the right of lifetime enjoyment (lifetime usufruct rights)
3. Section 122BRevocation or variation of Gift with reservation of right of lifetime enjoyment
4. Section 123Transfer how effected
5. Section 124Gift of existing and future property
6. Section 125Gift to several of whom one does not accept
7. Section 126When gift may be suspended or revoked
8. Section 127Onerous gifts. Onerous gift to disqualified person.
9. Section 128Universal donee
10. Section 129Saving of donations mortis causa and Muhammadan law

Chapter VIII OF TRANSFERS OF ACTIONABLE CLAIMS

1. Section 130Transfer of actionable claim
2. Section 130ATransfer of policy of marine insurance
3. Section 131Notice to be in writing, signed
4. Section 132Liability of transferee of actionable claim
5. Section 133Warranty of solvency of debtor
6. Section 134Mortgaged debt
7. Section 135Assignment of rights under policy of insurance against fire
8. Section 135AAssignment of rights under policy of marine insurance
9. Section 136Incapacity of officers connected with Courts of Justice
10. Section 137Saving of negotiable instruments, etc.