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Transfer of Property Act ,1882


[Act No. 4 of Year 1882]

Contents

Sections

Particulars

Chapter I 

Preliminary

l

Short title

2

Repeal of Acts-Saving of certain enactments, incidents, rights, liabilities, etc.

3

Interpretation clause

4

Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act

Chapter II 

Transfers Of Property By Act Of Parties

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 created

12

Condition making interest determinable on insolvency or attempted alienation

13

Transfer for benefit of unborn person

14

Rule against perpetuity

15

Transfer to a class, some of whom come under sections 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 benefit

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

Fulfillment 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

Fulfillment 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

36

Apportionment of periodical payments on determination of interest of person entitled

37

Apportionment of benefit of obligation on severance

38

Transfer by person authorized 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

41

Transfer by ostensible owner

42

Transfer by person having authority to revoke former transfer

43

Transfer by unauthorized 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

Chapter III 

Sales Of Immovable Property

54

55

Rights and liabilities of buyer and seller

56

Marshalling by subsequent purchaser

 

Discharge Of Encumbrances On Sale

57

Provision by court for encumbrances and sale freed there from

Chapter IV

Mortgages Of Immovable Property And Charges

58

Mortgage, mortgagor mortgagee mortgage-money and not;mortgaged 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

Right of subsequent mortgagee to pay off prior mortgagee

75

Rights of mesne mortgagee against prior and subsequent mortgagees

76

Liabilities of mortgagee in possession

77

Receipts in lieu of interest

 

Priority

78

Postponement of prior mortgagee

79

Mortgage to secure uncertain amount when maximum is expressed

80

Tacking abolished

 

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

Parties to suits for foreclosure, sale and redemption

86-90

[Repealed by the Code of Civil Procedure, 1908 (5 of 1908).]

91

Persons who may sue for redemption

92

Subrogation

93

Prohibition of tacking

94

Rights of mesne mortgagee

95

Right of redeeming co-mortgagor to expenses

96

Mortgage by deposit of title-deeds

97

Application of proceeds

 

Anomalous Mortgages

98

Rights and liabilities of parties to anomalous mortgage

 

Attachment Of Mortgaged Property

99

Attachment of mortgaged property

 

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

Chapter V 

Leases Of Immovable 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

Chapter VI

Exchanges

118

"Exchange" defined

119

Right of party deprived of thing received in exchange

120

Rights and liabilities of parties

121

Exchange of money

Chapter VII

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 cause and Mohammedan Law

Chapter VIII

Transfers Of Actionable Claims

130

Transfer of actionable claim

130A

Transfer of policy of marine insurance

131

Notice to be in writing, signed

132

Liability of transferee of actionable claim

Schedule

Schedule

133

Warranty of solvency of debtor

134

Mortgaged debt

135

Assignment of rights under policy of insurance against fire

135A

Assignment of rights under policy of marine insurance

136

Incapacity of officers connected with courts of justice

137

Saving of negotiable instruments, etc.

An Act to amend the law relating to the transfer of property by act of parties

WHEREAS it is expedient to define and amend certain parts of the law relating to the transfer of property by act of parties;

It is hereby enacted as follows: -



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