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Report No. 70

The Transfer of Property Act, 1882

Chapter 1 Introductory
Reasons for taking up
Change in modes of transfer
Bentham's view
Chapter 2 History
Policy of codification
Chapter 3 Sources and Scheme of Provisions
Chapter 4 Preliminary Matters: Scope and Application
Section 1
Chapter 5 Scope and Application and Rule of Damdupat
Section 2 and Proposed Section 2A
Section 2(a)
Gist of section 3, Act of 1895
Chapter 6 Definition of Immovable Property
Section 3
Growing crops
Chapter 7 Definitions Pertaining to Instruments
Definitions Pertaining to Instruments
Chapter 8 Definition of "Actionable Claim"
Position under the Contract Act
Chapter 9 Definition of Notice
First Explanation
Chapter 10 Relationship with Contracts Act and Registration Act
Section 4
Chapter 11 Definition of Transfer of Property
Section 5
Chapter 12 Property Which Cannot be Transferred
Section 6
Section 6-Introductory
Section 6(b)
Legislative formulation
Section 6(f)
Dominant object of legislation to be concerned
Other limitation-Calcutta case
Section 6(h)(3)-Disqualified transferees
Chapter 13 Persons Competent to Transfer
Persons competent to transfer
Allahabad case
Chapter 14 Acquisition of Property of Homicide
Section 7A (Proposed)
Effect of death on transfer
View of Ames
Chapter 15 Operation or Transfer
Section 8
Need for change
Chapter 16 Oral Transfers
Section 9
Oral Transfer
Transfer at the time of marriage
Chapter 17 Conditions Restraining Alienation
Section 10
English case
Effect of void condition
Need for amendment
Chapter 18 Restraint on Enjoyment
Section 11
Importance of covenants
Statement of Objects and Reasons
Chapter 19 Condition Making Interest Determinable on Insolvency or Attempted Alienation
Section 12
Section 12, first paragraph
Later Calcutta case
Chapter 20 Transfers to Unborn Persons
Section 13
Transfers to Unborn Persons
Chapter 21 Restrictions as to Interests for Unborn Persons
Kind of interest created in favour of unborn person
Difference with section 113, Succession Act
Chapter 22 The Rule Against Perpetuities
Section 14
Section 2
Section 5
Need for reform in India
Chapter 23 Transfer to A Class
Section 15
Transfer to A Class
Chapter 24 Dependent Transfers
Section 16
Dependent transfers
Section restricted to dependent transfer
Chapter 25 Direction for Accumulation
Section 17
Gist of section 17
Comparison with the English law
Chapter 26 Transfers for Benefit of Public
Section 18
Modern decisions
Poverty and public benefit
Chapter 27 Vested Interest
Section 19 and 20
Vested interest
Need and significance
Chapter 28 Contingent Interests
Section 21 to 27
Validity of contingent interest without supporting interest
Section 23
Verbal change needed
Chapter 29 Conditions Subsequent
Sections 28-30
Conditions Subsequent
Chapter 30 Conditions of Defeasance
Sections 31-32
Case law
Chapter 31 Time for Performance
Sections 33-34
Time for Performance
Chapter 32 Election
Section 35
Chapter 33 Apportionment
Sections 36-37
Chapter 34 Transfer by Limited Owners
Section 38
Transfer by Limited Owners
Chapter 35 Maintenance and Other Rights to Receive Money out of Profits
Section 39
Maintenance and Other Rights to Receive Money out of Profits
Chapter 36 Restrictive Covenants and Obligations Annexed to Ownership of Land
Section 40
Other provisions
Chapter 37 Transfer by Ostensible Owner
Section 41
Transfer by Ostensible Owner
Chapter 38 Transfer After Revocable Transfer
Section 42
Transfer After Revocable Transfer
Chapter 39 Transfer by Unauthorised Person-subsequently Acquired Interest
Section 43
Evidence Act
Chapter 40 Transfers By Co-Owners
Section 44
Evolution of Hindu law
Undivided family
Chapter 41 Transfers to More Than One Person
Section 45
Quantum of interest-"Gifts"
Section 82, Trusts Act
Chapter 42 Transfers By Persons Having Distinct Interests
Section 46-47
Transfers By Persons Having Distinct Interests
Chapter 43 Priority of Rights Created by Transfer
Section 48
Time of taking effect
Chapter 44 Transferee's Right Under Policy
Section 49
Fire before completion
Chapter 45 Rent bona fide Paid to Holder Under Defective Title
Section 50
Good faith-Proper construction of the expression
Chapter 46 Improvements Made in Good Faith
Section 51
Compensation-whose option
Chapter 47 Transfer Pending Litigation
Section 52
Notice of suit-Registration of
Chapter 48 Fraudulent Transfers
Section 53
Good faith
Chapter 49 Part Performance as A Defence
Position in England
Salmond's analysis
Reasons given by the Supreme Court
Sale of Immovable Property: The Concept
Intangible thing
Third view
Symbolical delivery
Chapter 51 Rights and Liabilities Of Seller and Purchaser
Section 55
Actual knowledge
Common law
Section 55(3)-Importance
Origin in Roman law
Delivery the crucial date
Section 55(5)(c)
Expression "improperly declined to accept delivery"
Chapter 52 Marshalling Between Mortgage and Purchaser
Section 56
Marshalling Between Mortgage and Purchaser
Chapter 53 Discharge of Incumbrances on Sale
Section 57
Discharge of Incumbrances on Sale
Chapter 54 Mortgages of Immovable Property
Section 58
Agreement to mortgage
Section 58(c) proviso
Rents and profits
Case law as to local extent
Territorial aspect
Chapter 55 Mode of Creating Mortgages
Section 59
Section 59.
Party as attesting witness
Chapter 56 Persons Deriving Title from Mortgagors and Mortgagees
Persons Deriving Title from Mortgagors and Mortgagees
Chapter 57 Redemption
Section 60
Subsequent agreements
Mortgagor who has assigned his interest
Reasonable notice
Chapter 58 Re-Transfer on Redemption
Sections 60A and 60B
Chapter 59 Redemption-two or More Mortgages
Section 61
Redemption-two or More Mortgages
Chapter 60 Right to Recover Possession
Section 62
Right to Recover Possession
Chapter 61 Accessions to Mortgaged Property
Section 63
Accessions to Mortgaged Property
Chapter 62 Improvements
Chapter 63 Renewal of Lease Under Mortgage
Section 64
Renewal of Lease Under Mortgage
Chapter 64 Contracts by the Mortgagor
Section 65
Contracts by the Mortgagor
Chapter 65 Mortgagor's Enjoyment of Property
Sections 65A and 66
Chapter 66 Right to Foreclosure on Sale
Section 67
Right to Foreclosure on Sale
Chapter 67 Mortgagee's Duty to Bring One Suit
Section 67A
Chapter 68 Personal Liability
Section 68
Section 68(1)(c)
Chapter 69 Power of Sale without Intervention of Court
Section 69
Chapter 70 Accessions
Section 70
Accession by mortgagor's representatives
Chapter 71 Renewal of Mortgaged Lease
Section 71
Renewal of Mortgaged Lease
Chapter 72 Right to Reimbursement for Necessary Expenses
Section 72
Personal liability
Chapter 73 Right to Proceeds of Revenue Sale or Acquisition
Section 73 and New Section 74
Chapter 74 Liabilities of Mortgagee In Possession
Section 76
Section 76-Introductory
Section 76(d)
Recommendation as to last paragraph
Chapter 75 Receipts Taken In Lieu of Interest
Section 77
Receipts Taken In Lieu of Interest
Chapter 76 Priority of Mortgage
Section 78
Priority of Mortgage
Chapter 77 Mortgage to Secure Uncertain Amount When Maximum is Expressed
Section 79
Mortgage to Secure Uncertain Amount When Maximum is Expressed
Chapter 78 Marshalling of Securities
Section 81
Marshalling of Securities
Chapter 79 Contribution
Section 82
Chapter 80 Deposit in Court
Sections 83-84
Chapter 81 Persons who May Sue for Redemption
Section 91
Persons who May Sue for Redemption
Chapter 82 Subrogation
Section 92
Distinction between first and third paragraphs
Chapter 83 Prior and Subsequent Mortgages
Sections 93 To 95
Chapter 84 Mortgage by Deposit of Title Deeds
Section 96
Chapter 85 Anomalous Mortgages
Section 98
Chapter 86 Charge
Section 100
Second view
Chapter 87 Merger
Section 101
Chapter 88 Provisions as to Service of Notice and Tender
Sections 102-103
Chapter 89 Rules
Section 104
Chapter 90 Definition of Lease
Section 105
Tenancy at will
Chapter 91 Leases for Indefinite Duration
Section 106
Common feature
Indian calendar
Other defects not saved
Chapter 92 Formalities for Lease
Section 107
Chapter 93 Rights and Liabilities
Section 108 and Proposed Section 108A
Clause (d)
No change
Chapter 94 Transfer of Lessor's Interest
Section 109
Chapter 95 Commencement of Leases
Section 110
Chapter 96 Determination of Lease
Section 111
Determination of lease
Section 111 (g)
Chapter 97 Waiver of Forfeiture
Section 112
Waiver of Forfeiture
Chapter 98 Waiver of Notice
Section 113
Chapter 99 Compensation for Harassment of Lessee
Section 113A (New)
Chapter 100 Forfeiture for Non Payment of Rent
Forfeiture for Non Payment of Rent
Chapter 101 Forfeiture for Breach of Other Covenants
Section 114A
Immoral purposes
Chapter 102 Effect of Surrender and Forfeiture
Section 115 Reads
Effect of Surrender and Forfeiture
Chapter 103 Holding Over
Section 116
Obscurity as to period of notice
Chapter 104 Agricultural Leases
Section 117
Agricultural Leases
Chapter 105 Exchange
Sections 118 to 121
Section 118
Test of substantial part
Chapter 106 Gifts: General Observations
Section 122
Theory of Hindu law as to dedication
Chapter 107 Form, Validity and Effect of Gifts
Sections 123 to 128
Section 123
Registration Act, section 49
Chapter 108 Donatio Mortis Causa and Muslim Law
Section 129
Donatio Mortis Causa and Muslim Law
Chapter 109 Actionable Claims
Sections 130-137
Section 130
Recommendation as to part of debt
Position in England
Conflict with section 130-Recommendation
Position in India as to transfer of shares
Chapter 110 Conclusion
Public opinion
Simplification of the law
Note of Dissent

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