Report No. 70

The Transfer of Property Act, 1882

Contents
Chapter 1	Introductory
	Reasons for taking up
	Change in modes of transfer
	Bentham's view
Chapter 2	History
	Policy of codification
	Equity
Chapter 3	Sources and Scheme of Provisions
	Introductory
	Differentia
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
	Introductory
	Growing crops
Chapter 7	Definitions Pertaining to Instruments
	Definitions Pertaining to Instruments
Chapter 8	Definition of "Actionable Claim"
	Analysis
	Position under the Contract Act
Chapter 9	Definition of Notice
	Introductory
	First Explanation
Chapter 10	Relationship with Contracts Act and Registration Act
	Section 4
Chapter 11	Definition of Transfer of Property
	Section 5
	Introductory
	Property
Chapter 12	Property Which Cannot be Transferred
	Section 6
	Section 6-Introductory
	Section 6(b)
	Object
	Legislative formulation
	Section 6(f)
	Recommendation
	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
	Introductory
	Need for change
Chapter 16	Oral Transfers
	Section 9
	Oral Transfer
	Transfer at the time of marriage
Chapter 17	Conditions Restraining Alienation
	Section 10
	Introductory
	English case
	Effect of void condition
	Need for amendment
Chapter 18	Restraint on Enjoyment
	Section 11
	Introductory
	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
	Injunction
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
	Introductory
	Inalienability
	Comparison
	Section 2
	Section 5
	Need for reform in India
	Precedents
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
	Gist
	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
	Introductory
	Validity of contingent interest without supporting interest
	Section 23
	Verbal change needed
	Intention
Chapter 29	Conditions Subsequent
	Sections 28-30
	Conditions Subsequent
Chapter 30	Conditions of Defeasance
	Sections 31-32
	Introduction
	Case law
Chapter 31	Time for Performance
	Sections 33-34
	Time for Performance
Chapter 32	Election
	Section 35
	Introductory
	Choice
Chapter 33	Apportionment
	Sections 36-37
	Introductory
	Analysis
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
	Introductory
	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
	Introductory
	Evidence Act
Chapter 40	Transfers By Co-Owners
	Section 44
	Introductory
	Evolution of Hindu law
	Undivided family
Chapter 41	Transfers to More Than One Person
	Section 45
	Introductory
	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
	Introductory
	Time of taking effect
Chapter 44	Transferee's Right Under Policy
	Section 49
	Introductory
	Fire before completion
Chapter 45	Rent bona fide Paid to Holder Under Defective Title
	Section 50
	Introductory
	Good faith-Proper construction of the expression
Chapter 46	Improvements Made in Good Faith
	Section 51
	Introduction
	Compensation-whose option
Chapter 47	Transfer Pending Litigation
	Section 52
	Introductory
	Notice of suit-Registration of
Chapter 48	Fraudulent Transfers
	Section 53
	Introduction
	Good faith
Chapter 49	Part Performance as A Defence
	Introductory
	Position in England
	Salmond's analysis
	Defendant
	Reasons given by the Supreme Court
	Sale of Immovable Property: The Concept
	Introductory
	Intangible thing
	Third view
	Symbolical delivery
Chapter 51	Rights and Liabilities Of Seller and Purchaser
	Section 55
	Introductory
	Actual knowledge
	Fraud
	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
	Introductory
	Classes
	Debt
	Agreement to mortgage
	Section 58(c) proviso
	Rents and profits
	Genesis
	Case law as to local extent
	Territorial aspect
	Remedies
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
	Introductory
	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
	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
	Introductory
	Section 68(1)(c)
Chapter 69	Power of Sale without Intervention of Court
	Section 69
	Introductory
	Recommendation
Chapter 70	Accessions
	Section 70
	Introductory
	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
	Introductory
	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
	Contribution
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
	Introductory
	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
	Introductor
	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
	Introductory
	Tenancy at will
Chapter 91	Leases for Indefinite Duration
	Section 106
	Introductory
	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
	Introductory
	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
	Introductory
	Immoral purposes
Chapter 102	Effect of Surrender and Forfeiture
	Section 115 Reads
	Effect of Surrender and Forfeiture
Chapter 103	Holding Over
	Section 116
	Introductory
	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
	Introductory
	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
	Hardship
	Position in India as to transfer of shares
Chapter 110	Conclusion
	Introduction
	Public opinion
	Simplification of the law
	Note of Dissent