SectionsParticulars
Chapter IPreliminary
lShort title
This Act may be called the Transfer of Property Act, 1882. It shall come into force on the first day of July, 1882. It extends in the first instance to the who...
2Repeal of Acts-Saving of certain enactments, incidents, rights, liabilities, etc.
In the territories to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therei...
3Interpretation clause
In this Act, unless there is something repugnant in the subject or context,- " immovable property" does not include standing timber, growing crops or grass; "...
4Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act
The Chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 (9 of 1872). 1[And section 54, paragrap...
Chapter IITransfers Of Property By Act Of Parties
5Transfer of property defined
In the following sections "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living ...
6What may be transferred
Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force. (a) The chance of an heir-ap...
7Persons competent to transfer
Every person competent to contract and entitled to transferable property, or authorized to dispose of transferable property not his own, is competent to trans...
8Operation of transfer
Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transfe...
9Oral transfer
A transfer of property may be made without writing in every case in which a writing is not expressly required by law. ...
10Condition restraining alienation
Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or...
11Restriction repugnant to interest created
Where, on a transfer of property, an interest therein is created absolutely in favor of any person, but the terms of the transfer direct that such interest sh...
12Condition making interest determinable on insolvency or attempted alienation
Where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to ceas...
13Transfer for benefit of unborn person
Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior ...
14Rule against perpetuity
No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transf...
15Transfer to a class, some of whom come under sections 13 and 14
If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason ...
16Transfer to take effect on failure of prior interest
Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard...
17Direction for accumulation
(1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated either wholly or in part during a period l...
18Transfer in perpetuity for benefit of public
The restrictions in sections 14, 16 and 17 shall not apply in the case of a transfer of property for the benefit of the public in the advancement of religion,...
19Vested interest
Where, on a transfer of property, an interest therein is created in favor of a person without specifying the time when it is to take effect, or in terms speci...
20When unborn person acquires vested interest on transfer for his benefit
Where, on a transfer of property, an interest therein is created for the benefit of a person not then living, he acquires upon his birth, unless a contrary in...
21Contingent interest
Where, on a transfer of property, an interest therein is created in favor of a person to take effect only on the happening of a specified uncertain event, or ...
22Transfer to members of a class who attain a particular age
Where, on a transfer of property, an interest therein is created in favor of such members only of a class as shall attain a particular age, such interest does...
23Transfer contingent on happening of specified uncertain event
Where, on a transfer of property, an interest therein is to accrue to a specified person if a specified uncertain event shall happen, and no time is mentioned...
24Transfer to such of certain persons as survive at some period not specified
Where, on a transfer of property, an interest therein is to accrue to such of certain persons as shall be surviving at some period, but the exact period is no...
25Conditional transfer
An interest created on a transfer of property and dependent upon a condition fails if the fulfillment of the condition is impossible, or is forbidden by law, ...
26Fulfillment of condition precedent
Where the terms of a transfer of property impose a condition to be fulfilled before a person can take an interest in the property, the condition shall be deem...
27Conditional transfer to one person coupled with transfer to another on failure of prior disposition
Where, on a transfer of property, an interest therein is created in favor of one person, and by the same transaction an ulterior disposition of the same inter...
28Ulterior transfer conditional on happening or not happening of specified event
On a transfer of property an interest therein may be created to accrue to any person with the condition superadded that in case a specified uncertain event sh...
29Fulfillment of condition subsequent
An ulterior disposition of the kind contemplated by the last preceding section cannot take effect unless the condition is strictly fulfilled. A transfers Rs. ...
30Prior disposition not affected by invalidity of ulterior disposition
If the ulterior disposition is not valid, the prior disposition is not affected by it. A transfers a farm to B for her life, and, if she does not desert her h...
31Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
Subject to the provisions of section 12, on a transfer of property an interest therein may be created with the condition superadded that it shall cease to exi...
32Such condition must not be invalid
In order that a condition that an interest shall cease to exist may be valid, it is necessary that the event to which it relates be one which could legally co...
33Transfer conditional on performance of act, no time being specified for performance
Where, on a transfer of property, an interest therein is created subject to a condition that the person taking it shall perform a certain act, but no time is ...
34Transfer conditional on performance of act, time being specified
Where an act is to be performed by a person either as a condition to be fulfilled before an interest created on a transfer of property is enjoyed by him, or a...
Election
35Election when necessary
Where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the p...
36Apportionment of periodical payments on determination of interest of person entitled
In the absence of a contract or local usage to the contrary, all rents, annuities, pensions, dividends and other periodical payments in the nature of income s...
37Apportionment of benefit of obligation on severance
When, in consequence of a transfer, property is divided and held in several shares, and thereupon the benefit of any obligation relating to the property as a ...
38Transfer by person authorized only under certain circumstances to transfer
Where any person, authorized only under circumstances in their nature variable to dispose of immovable property, transfers such property for consideration, al...
39Transfer where third person is entitled to maintenance
Where a third person has a right to receive maintenance, or a provision for advancement or marriage, from the profits of immovable property, and such property...
40Burden of obligation imposing restriction on use of land
Where, for the more beneficial enjoyment of his own immovable property, a third person has, independently of any interest in the immovable property of another...
41Transfer by ostensible owner
Where, with the consent, express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and transfers ...
42Transfer by person having authority to revoke former transfer
Where a person transfers any immovable property, reserving power to revoke the transfer, and subsequently transfers the property for consideration to another ...
43Transfer by unauthorized person who subsequently acquires interest in property transferred
Where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for...
44Transfer by one co-owner
Where one of two or more co-owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the tr...
45Joint transfer for consideration
Where immovable property is transferred for consideration to two or more persons and such consideration is paid out of a fund belonging to them in common, the...
46Transfer for consideration by persons having distinct interests
Where immovable property is transferred for consideration by persons having distinct interests therein, the transferors are, in the absence of a contract to t...
47Transfer by co-owners of share in common property
Where several co-owners of immovable property transfer a share therein without specifying that the transfer is to take effect on any particular share or share...
48Priority of rights created by transfer
Where a person purports to create by transfer at different times rights in or over the same immovable property, and such rights cannot all exist or be exercis...
49Transferee's right under policy
Where immovable property is transferred for consideration, and such property or any part thereof is at the date of the transfer insured against loss or damage...
50Rent bona fide paid to holder under defective title
No person shall be chargeable with any rents or profits of any immovable property, which he has in good faith paid or delivered to any person of whom he in go...
51Improvements made by bona fide holders under defective titles
When the transferee of immovable property makes any improvement on the property, believing in good faith that he is absolutely entitled thereto, and he is sub...
52Transfer of property pending suit relating thereto
During the pendency in any court having authority 3[4[within the limits of India excluding the State of Jammu and Kashmir] Government or established beyond su...
53Fraudulent transfer
(1) Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be voidable at the option of any creditor s...
53APart performance
Where any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf from which the terms necessary to co...
Chapter IIISales Of Immovable Property
54
"Sale" is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised. Such transfer, in the case of tangible immovable p...
55Rights and liabilities of buyer and seller
In the absence of a contract to the contrary, the buyer and the seller of immovable property respectively are subject to the liabilities, and have the rights,...
56Marshalling by subsequent purchaser
If the owner of two or more properties mortgages them to one person and then sells one or more of the properties to another person, the buyer is, in the absen...
Discharge Of Encumbrances On Sale
57Provision by court for encumbrances and sale freed there from
(a) Where immovable property subject to any encumbrances, whether immediately payable or not, is sold by the court or in execution of a decree, or out of cour...
Chapter IVMortgages Of Immovable Property And Charges
58Mortgage, mortgagor mortgagee mortgage-money and not;mortgaged defined
(a) A mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced or to be advanced by w...
59Mortgage when to be by assurance
Where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage by deposit of title deeds can be effected only by a regis...
59AReferences to mortgagors and mortgagees to include persons deriving title from them
Unless otherwise expressly provided, references in this Chapter to mortgagors and mortgagees shall be deemed to include references to persons deriving title f...
Rights And Liabilities Of Mortgagor
60Right of mortgagor to redeem
At any time after the principal money has become due, the mortgagor has a right, on payment or tender, at a proper time and place, of the mortgage-money, to r...
60AObligation to transfer to third party instead of re-transference to mortgagor
(1) Where a mortgagor is entitled to redemption, then, on the fulfillment of any conditions of the fulfillment of which he would be entitled to require a retr...
60BRight to inspection and production of documents
A mortgagor, as long as his right of redemption subsists, shall be entitled at all reasonable times, at his request and at his own cost, and on payment of the...
61Right to redeem separately or simultaneously
A mortgagor who has executed two or more mortgages in favor of the same mortgagee shall, in the absence of a contract to the contrary, when the principal mone...
62Right of usufructuary mortgagor to recover possession
In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of the property together with the mortgage-deed and all documents rela...
63Accession to mortgaged property
Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, received any accession, the mortgagor, upon redemption sh...
63AImprovements to mortgaged property
(1) Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, been improved, the mortgagor, upon redemption, shall,...
64Renewal of mortgaged lease
Where mortgaged property is a lease, and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption, shall, in the absence of a contract by ...
65Implied contracts by mortgagor
In the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee,- (a) that the interest which the mortgagor professe...
65AMortgagor's power to lease
(1) Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall have power to make leases thereof...
66Waste by mortgagor in possession
A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property to deteriorate; but he must not commit any act wh...
Rights And Liabilities Of Mortgagee
67Right to foreclosure or sale
In the absence of a contract to the contrary, the mortgagee has, at any time after the mortgage- money has become due to him, and before a decree has been mad...
67AMortgagee when bound to bring one suit on several mortgages
A mortgagee who holds two or more mortgages executed by the same mortgagor in respect of each of which he has a right to obtain the same kind of decree under ...
68Right to sue for mortgage-money
(1) The mortgagee has a right to sue for the mortgage-money in the following cases and no others, namely,- (a) where the mortgagor binds himself to repay the ...
69Power of sale when valid
(1) 5[***] A mortgagee, or any person acting on his behalf, shall, subject to the provisions of this section have power to sell or concur in selling the mortg...
69AAppointment of receiver
(1) A mortgagee having the right to exercise a power of sale under section 69 shall, subject to the provisions of sub-section (2), be entitled to appoint, by ...
70Accession to mortgaged property
If, after the date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absence of a contract to the contrary, shall, for the...
71Renewal of mortgaged lease
When the mortgaged property is a lease and the mortgagor obtains a renewal of the lease, the mortgagee, in the absence of a contract to the contrary, shall, f...
72Rights of mortgagee, in possession
A mortgagee may spend such money as is necessary- (a) 6[***] (b) for the preservation of the mortgaged property from destruction, forfeiture or sale; (c) for s...
73Right to proceeds of revenue sale or compensation on acquisition
(1) Where the mortgaged property or any part thereof or any interest therein is sold owing to failure to pay arrears or revenue or other charges of a public n...
74Right of subsequent mortgagee to pay off prior mortgagee
[Repealed by the Transfer of Property (Amendment) Act, 1929.] ...
75Rights of mesne mortgagee against prior and subsequent mortgagees
[Repealed by the Transfer of Property (Amendment) Act, 1929.] ...
76Liabilities of mortgagee in possession
When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property, - (a) he must manage the property as a person of ordina...
77Receipts in lieu of interest
Nothing in section 76, clauses (b), (d), (g) and (h), applies to cases where there is a contract between the mortgagee and the mortgagor that the receipts fro...
Priority
78Postponement of prior mortgagee
Where, through the fraud, misrepresentation or gross neglect of prior mortgagee, another person has been induced to advance money on the security of the mortg...
79Mortgage to secure uncertain amount when maximum is expressed
If a mortgage made to secure future advances, the performance of an engagement or the balance of a running account, expresses the maximum to be secured thereb...
80Tacking abolished
[Repealed by the Transfer of Property (Amendment) Act, 1929 (20 of 1929).] ...
Marshalling And Contribution
81Marshalling securities
If the owner of two or more properties mortgages them to one person and then mortgages one or more of the properties to another person, the subsequent mortgag...
82Contribution to mortgage-debt
Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, the different shares in or parts...
Deposit In Court
83Power to deposit in court money due on mortgage
At any time after the principal money payable in respect of any mortgage has become due and before a suit for redemption of the mortgaged property is barred, ...
84Cessation of interest
When the mortgagor or such other person as aforesaid has tendered or deposited in court under section 83 the amount remaining due on the mortgage, interest on...
Suits For Foreclosure, Sale Or Redemption
85Parties to suits for foreclosure, sale and redemption
[Repealed by the Code of Civil Procedure, 1908 (5 of 1908).] ...
86-90[Repealed by the Code of Civil Procedure, 1908 (5 of 1908).]
91Persons who may sue for redemption
Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of, the mortgaged property, namely,- (a) any person (other t...
92Subrogation
Any of the persons referred to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to the mortgage, have, so fa...
93Prohibition of tacking
No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of his ori...
94Rights of mesne mortgagee
Where a property is mortgaged for successive debts to successive mortgagees, a mesne mortgagee has the same rights against mortgagees posterior to himself as ...
95Right of redeeming co-mortgagor to expenses
Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation under section 92 against his co-mortgagors, be...
96Mortgage by deposit of title-deeds
The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds. ...
97Application of proceeds
[Repealed by the Code of Civil Procedure, 1908 (5 of 1908)] ...
Anomalous Mortgages
98Rights and liabilities of parties to anomalous mortgage
In the case of an anomalous mortgage the rights and liabilities of the parties shall be determined by their contract as evidenced in the mortgage-deed, and, s...
Attachment Of Mortgaged Property
99Attachment of mortgaged property
    [Repealed by the Code of Civil Procedure, 1908 (5 of 1908).]99. Attachment of mortgaged property    [Repealed by the Code of Civil Procedure, 1908 (5 ...
Charges
100Charges
Where immovable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does no...
101No merger in case of subsequent encumbrance
Any mortgagee of, or person having a charge upon, immovable property, or any transferee from such mortgagee or charge-holder, may purchase or otherwise acquir...
Notice And Tender
102Service or tender on or to agent
Where the person on or to whom any notice or tender is to be served or made under this Chapter does not reside in the district in which the mortgaged property...
103Notice, etc., to or by person incompetent to contract
Where, under the provisions of this Chapter, a notice is to be served on or by, or a tender or deposit made or accepted or taken out of court by, any person i...
104Power to make rules
The High Court may, from time to time, make rules consistent with this Act for carrying out, in itself and in the Court of Civil Judicature subject to its sup...
Chapter VLeases Of Immovable Property
105Lease defined
A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration...
106Duration of certain leases in absence of written contract or local usage
In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed t...
107Leases how made
A lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent, can be made only by a registered instrument. A...
108Rights and liabilities of lessor and lessee
In the absence of a contract or local usage to the contrary, the lessor and the lessee of immovable property, as against one another, respectively, possess th...
109Rights of lessor's transferee
If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the con...
110Exclusion of day on which term commences
Where the time limited by a lease of immovable property is expressed as commencing from a particular day, in computing that time such day shall be excluded. W...
111Determination of lease
A lease of immovable property determines- (a) by efflux of the time limited thereby, (b) where such time is limited conditionally on the happening of some even...
112Waiver of forfeiture
A forfeiture under section 111, clause (g) is waived by acceptance of rent which has become due since the forfeiture, or by distress for such rent, or by any ...
113Waiver of notice to quit
A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the ...
114Relief against forfeiture for non-payment of rent
Where a lease of immovable property has been determined by forfeiture for non-payment of rent, and the lessor sues to eject the lessee, if, at the hearing of ...
114ARelief against forfeiture in certain other cases
Where a lease of immovable property has been determined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor ma...
115Effect of surrender and forfeiture on under leases
The surrender, express or implied, of a lease of immovable property does not prejudice an under lease of the property or any part thereof previously granted b...
116Effect of holding over
If a lessee or under lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal ...
117Exemption of leases for agricultural purposes
None of the provisions of this Chapter apply to leases for agricultural purposes, except insofar as the State Government may, by notification published in the...
Chapter VIExchanges
118Exchange defined
When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction is ...
119Right of party deprived of thing received in exchange
If any party to an exchange or any person claiming through or under such party is by reason of any defect in the title of the other party deprived of the thin...
120Rights and liabilities of parties
Save as otherwise provided in this Chapter, each party has the rights and is subject to the liabilities of a seller as to that which he gives, and has the rig...
121Exchange of money
On an exchange of money, each party thereby warrants the genuineness of the money given by him. ...
Chapter VIIGifts
122Gift defined
"Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person, called the donor, to anoth...
123Transfer how effected
For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and atte...
124Gift of existing and future property
A gift comprising both existing and future property is void as to the latter. ...
125Gift to several of whom one does not accept
A gift of a thing to two or more donees, of whom one does not accept it, is void as to the interest which he would have taken had he accepted. ...
126When gift may be suspended or revoked
The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked...
127Onerous gifts
Where a gift in the form of a single transfer to the same person of several things of which one is, and the others are not burdened by an obligation, the done...
128Universal donee
Subject to the provisions of section 127, where a gift consists of the donor's whole property, the donee is personally liable for all the debts due by and lia...
129Saving of donations mortis cause and Mohammedan Law
Nothing in this Chapter relates to gifts of moveable property made in contemplation of death, or shall be deemed to affect any rule of Mohammedan law. ...
Chapter VIIITransfers Of Actionable Claims
130Transfer of actionable claim
(1) The transfer of an actionable claim whether with or without consideration shall be effected only by the execution of an instrument in writing signed by th...
130ATransfer of policy of marine insurance
[Repealed by the Marine Insurance Act, 1963 (11 of 1963), w.e.f. 1-8-1963.] ...
131Notice to be in writing, signed
Every notice of transfer of an actionable claim shall be in writing, signed by the transferor or his agent duly authorized in this behalf, or, in case the tra...
132Liability of transferee of actionable claim
The transferee of an actionable claim shall take it subject to all the liabilities and equities and to which the transferor was subject in respect thereof at ...
ScheduleSchedule
(a) STATUES Year and Chapter Subject Extent of repeal 27 Hen. VIII,c.10 Uses The whole 13 Eliz., c.5 Fraudulent conveyances The whole 27 Eliz.,c.4 Fraudulent co...
133Warranty of solvency of debtor
Where the transferor of a debt warrants the solvency of the debtor, the warranty, in the absence of a contract to the contrary, applies only to his solvency a...
134Mortgaged debt
Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received by the transferor or recovered by the...
135Assignment of rights under policy of insurance against fire
Every assignee by endorsement or other writing, of a policy of insurance against fire, in whom the property in the subject insured shall be absolutely vested ...
135AAssignment of rights under policy of marine insurance
[Repealed by the Marine Insurance Act, 1963 (11 of 1963), w.e.f. 1-8-1963.] ...
136Incapacity of officers connected with courts of justice
No judge, legal practitioner or officer connected with any court of justice shall buy or traffic in, or stipulate for, or agree to receive any share of, or in...
137Saving of negotiable instruments, etc.
Nothing in the foregoing sections of this Chapter applies to stocks, shares or debentures, or to instruments which are for the time being, by law or custom, n...
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