The Transfer of Property Act is an Indian legislation which regulates the transfer of property in India. It contains specific provisions regarding what constitutes a transfer and the conditions attached to it. It came into force on 1 July According to the Act, 'transfer of property' means an act by which a person conveys the property to one or more persons, or himself and one or more other persons. The act of transfer may be done in the present or for the future.
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Transfer of Property Act, Short title. Repeal of Acts-Saving of certain enactments, incidents, rights, liabilities, etc. Interpretation clause. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. Transfer of property defined. What may be transferred. Persons competent to transfer. Operation of transfer.
Oral transfer. Condition restraining alienation. Restriction repugnant to interest created. Condition making interest determinable on insolvency or attempted alienation. Transfer for benefit of unborn person. Rule against perpetuity. Transfer to a class, some of whom come under sections 13 and Transfer to take effect on failure of prior interest. Direction for accumulation. Transfer in perpetuity for benefit of public. Vested interest. When unborn person acquires vested interest on transfer for his benefit.
Contingent interest. Transfer to members of a class who attain a particular age. Transfer contingent on happening of specified uncertain event. Transfer to such of certain persons as survive at some period not specified.
Conditional transfer. Fulfillment of condition precedent. Conditional transfer to one person coupled with transfer to another on failure of prior disposition. Ulterior transfer conditional on happening or not happening of specified event. Fulfillment of condition subsequent. Prior disposition not affected by invalidity of ulterior disposition.
Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen. Such condition must not be invalid.
Transfer conditional on performance of act, no time being specified for performance. Transfer conditional on performance of act, time being specified. Election when necessary. Apportionment of periodical payments on determination of interest of person entitled. Apportionment of benefit of obligation on severance. Transfer by person authorized only under certain circumstances to transfer.
Transfer where third person is entitled to maintenance. Burden of obligation imposing restriction on use of land. Transfer by ostensible owner. Transfer by person having authority to revoke former transfer. Transfer by unauthorized person who subsequently acquires interest in property transferred. Transfer by one co-owner. Joint transfer for consideration. Transfer for consideration by persons having distinct interests. Transfer by co-owners of share in common property.
Priority of rights created by transfer. Transferee's right under policy. Rent bona fide paid to holder under defective title. Improvements made by bona fide holders under defective titles. Transfer of property pending suit relating thereto. Fraudulent transfer. Part performance. Sales Of Immovable Property. Rights and liabilities of buyer and seller. Marshalling by subsequent purchaser. Discharge Of Encumbrances On Sale.
Provision by court for encumbrances and sale freed there from. Chapter IV. Mortgage, mortgagor mortgagee mortgage-money and not;mortgaged defined. Mortgage when to be by assurance. References to mortgagors and mortgagees to include persons deriving title from them. Rights And Liabilities Of Mortgagor. Right of mortgagor to redeem. Obligation to transfer to third party instead of re-transference to mortgagor. Right to inspection and production of documents.
Right to redeem separately or simultaneously. Right of usufructuary mortgagor to recover possession. Accession to mortgaged property. Improvements to mortgaged property. Renewal of mortgaged lease.
Implied contracts by mortgagor. Mortgagor's power to lease. Waste by mortgagor in possession. Rights And Liabilities Of Mortgagee. Right to foreclosure or sale. Mortgagee when bound to bring one suit on several mortgages.
Right to sue for mortgage-money. Power of sale when valid. Appointment of receiver. Rights of mortgagee, in possession. Right to proceeds of revenue sale or compensation on acquisition. Right of subsequent mortgagee to pay off prior mortgagee. Rights of mesne mortgagee against prior and subsequent mortgagees. Liabilities of mortgagee in possession. Receipts in lieu of interest. Postponement of prior mortgagee. Mortgage to secure uncertain amount when maximum is expressed.
Tacking abolished. Marshalling And Contribution. Marshalling securities. Contribution to mortgage-debt. Deposit In Court. Power to deposit in court money due on mortgage.
Cessation of interest. Parties to suits for foreclosure, sale and redemption. Persons who may sue for redemption.
Transfer of Property Act 1882
The Transfer of Property Act, Disclaimer: Updating and uploading of all Central Acts available on this web page is the proprietary of the Legislative Department in the Ministry of Law and Justice. The updating and uploading of Rules, Regulations, Notifications, etc. Schedule 1.
THE TRANSFER OF PROPERTY ACT, 1882
Search here. Toggle navigation. List Judgments citing this Act. Section2 - Repeal of Acts-Saving of certain enactments, incidents, rights, liabilities, etc. Section4 - Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. Section11 - Restriction repugnant to interest created.