The Transfer of Property Act, 1882

Property ActCENTRAL ACT

An Act To Amend The Law Relating To The Transfer Of Property By Act Of Parties.

Act Number

Enactment

1882-02-17

State

Chhattisgarh

Downloads

English

हिंदी

PRELIMINARY

Section 1Short title .Section 2Repeal of Acts.Section 3Interpretation-clause.Section 4Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.

(A) Transfer of property, whether moveable or immoveable

Section 5?Transfer of property? defined.Section 6What may be transferred.Section 7Persons competent to transfer.Section 8Operation of transfer.Section 9Oral transfer.Section 10Condition restraining alienation.Section 11Restriction repugnant to interest cleated.Section 12Condition making interest determinable on insolvency or attempted alienation.Section 13Transfer for benefit of unborn person.Section 14Rule against, perpetuity.Section 15Transfer to class some of whom come under sect ions 13 and 14.Section 16Transfer to take effect on failure of prior interest .Section 17Direction for accumulation.Section 18Transfer in perpetuity for benefit of public.Section 19Vested interest.Section 20When unborn person acquires vested interest on transfer for his benef it .Section 21Contingent interest.Section 22Transfer to members of a class who attain a particular age.Section 23Transfer contingent on happening of specified uncertain event.Section 24Transfer to such of certain persons as survive at some period not specified.Section 25Conditional transfer.Section 26Fulfilment of condition precedent.Section 27Conditional transfer to one person coupled with transfer to another on failure of prior disposition.Section 28Ulterior transfer conditional on happening or not happening of specified event.Section 29Fulfilment of condition subsequent.Section 30Prior disposition not affected by invalidity of ulterior disposition.Section 31Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.Section 32Such condition must not be invalid.Section 33Transfer conditional on performance of act, no time being specified for performance.Section 34Transfer conditional on performance of act, time being specified.

Election

Section 35Election when necessary.

Apportionment

Section 36Apportionment of periodical payments on determination of interest of person entitled.Section 37Apportionment of benefit of obligation on severance.

(B) Transfer of immoveable property

Section 38Transfer by person authori sed only under certain circumstances to transfer.Section 39Transfer where third person is entitled to maintenance.Section 40Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement.Section 41Transfer by ostensible owner.Section 42Transfer by person having authority to revoke former transfer.Section 43Transfer by unauthorised person who subsequently acquires interest in property transferred.Section 44Transfer by one co-owner.Section 45Joint transfer for consideration.Section 46Transfer for consideration by persons having distinct interests.Section 47Transfer by co-owners of share in common property.Section 48Priority of rights created by transfer.Section 49Transferee's right under policy.Section 50Rent bona fide paid to holder under defective title.Section 51Improvements made by bona fide holders under defective titles.Section 52Transfer of property pending suit relating thereto.Section 53Fraudulent transfer.Section 53APart performance.

OF SALES OF IMMOVEABLE PROPERTY

Section 54?Sale? defined.Section 55Rights and liabilities of buyer and seller.Section 56Marshalling by subsequent purchaser.

Discharge of incumbrances on sale

Section 57Provision by Court for incumbrances and sale freed therefrom.

OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES

Section 58Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined.Section 59Mortgage when to be by assurance.Section 59AReferences to mortgagors and mortgagees to include persons deriving title from them.

Rights and liabilities of mortgagor

Section 60Right of mortgagor to redeem.Section 60AObligation to transfer to third party instead of re -transference to mortgagor.Section 60BRight to inspection and production of documents.Section 61Right to redeem separately or simultaneously.Section 62Right of usufructuary mortgagor to recover possession.Section 63Accession to mortgaged property.Section 63AImprovements to mortgaged property.Section 64Renewal of mortgaged lease.Section 65Implied contracts by mortgagor.Section 65AMortgagor?s power to lease.Section 66Waste by mortgagor in possession.

Rights and liabilities of Mortgagee

Section 67Right to foreclosure or sale.Section 67AMortgagee when bound to bring one suit on several mortgages.Section 68Right to sue for mortgage-money.Section 69Power of sale when valid.Section 69AAppointment of receiver.Section 70Accession to mortgaged property.Section 71Renewal of mortgaged lease.Section 72Rights of mortgagee in possession.Section 73Right to proceeds of revenue sale or compensation on acquisition.Section 74[Repealed.].Section 75[Repealed.].Section 76Liabilities of mortgagee in possession.Section 77Receipts in lieu of interests.

Priority

Section 78Postponement of prior mortgagee.Section 79Mortgage to secure uncertain amount when maximum is expressed.Section 80[Repealed.].

Marshalling and contribution

Section 81Marshalling securities.Section 82Contribution to mortgage-debt.

Deposit in Court

Section 83Power to deposit in Court money due on mortgage.Section 84Cessation of interest.

Suits for foreclosure, sale or redemption

Section 85[Repealed.].

Foreclosure and sale

Section 86[Repealed.].Section 87[Repealed.].Section 88[Repealed.].Section 89[Repealed.].Section 90[Repealed.].

Redemption

Section 91Persons who may sue for redemption.Section 92Subrogation.Section 93Prohibition of tacking.Section 94Right of mesne mortgagee.Section 95Right of redeeming co-mortgagor to expenses.Section 96Mortgage by deposit of title-deeds.Section 97[Repealed.].

Anomalous mortgages

Section 98Rights and liabilities of parties to anomalous mortgages.

Attachment of mortgaged property

Section 99[Repealed.].

Charges

Section 100Charges.Section 101No merger in case of subsequent encumbrance.

Notice and tender

Section 102Service or tender on or to agent.Section 103Notice, etc., to or by person incompetent to contract.Section 104Power to make rules.

OF LEASES OF IMMOVEABLE PROPERTY

Section 105Lease defined.Section 106Duration of certain leases in absence of written contract or local usage.Section 107leases how made.Section 108Rights and liabilities of lessor and lessee.Section 109Rights of lessor?s transferee.Section 110Exclusion of day on which term commences.Section 111Determination of lease.Section 112Waiver of forfeiture.Section 113Waiver of notice to quit.Section 114Relief against forfeiture for non-payment of rent.Section 114ARelief against forfeiture in certain other cases.Section 115Effect of surrender and forfeiture on under-leases.Section 116Effect of holding over.Section 117Exemption of leases for agricultural purposes.

OF EXCHANGES

Section 118?Exchange? defined.Section 119Right of party deprived of thing received in exchange.Section 120Rights and liabilities of parties.Section 121Exchange of money.

OF GIFTS

Section 122?Gift? defined.Section 123Transfer how effected.Section 124Gift of existing and future property.Section 125Gift to several, of whom one does not accept.Section 126When gift may be suspended or revoked.Section 127Onerous gifts.Section 128Universal donee.Section 129Saving of donations mortis causa and Muhammadan law.

OF TRANSFERS OF ACTIONABLE CLAIMS

Section 130Transfer of actionable claim.Section 130ARepealed.Section 131Notice to be in writing, signed.Section 132Liability of transferee of actionable claim.Section 133Warranty of solvency of debtor.Section 134Mortgaged debt.Section 135Assignment of rights under policy of insurance against fire.Section 135A[Repealed.].Section 136Incapacity of officers connected with Courts of Justice.Section 137Saving of negotiable instruments, etc.