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	Sale defined
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:-