Transfer of Property Act, 1882 – Section wise Bare Act

The Transfer of Property Act, 1882

Chapter-I Preliminary

Section-1 Short Title

Section-2 Repeal of Acts. Saving of Certain Enactments, Incidents, Rights, Liabilities, etc

Section-3 Interpretation-Clause

Section-4 Enactments Relating to Contracts to be Taken as Part of Contract Act and Supplemental to the Registration Act

Chapter-II Of Transfers of Property by Act of Parties

Section-5 “Transfer of Property” Defined

Section-6 What may be Transferred

Section-7 Persons Competent to Transfer

Section-8 Operation of Transfer

Section-9 Oral Transfer

Section-10 Condition Restraining Alienation

Section-11 Restriction Repugnant to Interest Created

Section-12 Condition Making Interest Determinable on Insolvency or Attempted Alienation

Section-13 Transfer for Benefit of Unborn Person

Section-14 Rule Against Perpetuity

Section-15 Transfer to Class Some of Whom Come Under Sections 13 and 14

Section-16 Transfer to Take Effect on Failure of Prior Interest

Section-17 Direction for Accumulation

Section-18 Transfer in Perpetuity for Benefit of Public

Section-19 Vested Interest

Section-20 When Unborn Person Acquires Vested Interest On Transfer For His Benefit

Section-21 Contingent Interest

Section-22 Transfer to Members of a Class Who Attain a Particular Age

Section-23 Transfer Contingent on Happening of Specified Uncertain Event

Section-24 Transfer to Such of Certain Persons as Survive at Some Period not Specified

Section-25 Conditional Transfer

Section-26 Fulfilment of Condition Precedent

Section-27 Conditional Transfer to One Person Coupled With Transfer to Another on Failure of Prior Disposition

Section-28 Ulterior Transfer Conditional on Happening or Not Happening Specified Event

Section-29 Fulfillment of Condition Subsequent

Section-30 Prior Disposition Not Affected by Invalidity of Ulterior Disposition

Section-31 Condition That Transfer Shall Cease to Have Effect in Case Specified Uncertain Event Happens or Does Not Happen

Section-32 Such Condition Must be Invalid

Section-33 Transfer Conditional on Performance of Act, No Time Specified for Performance

Section-34 Transfer Conditional on Performance of Act, Time Being Specified

Section-35 Election When Necessary

Section-36 Apportionment of Periodical Payments Determination of Interest of Person Entitled

Section-37 Apportionment of Benefit of Obligation on Severance

Section-38 Transfer by Person Authorised Only Under Certain Circumstances to Transfer

Section-39 Transfer Where Third Person is Entitled to Maintenance

Section-40 Burden of Obligation Imposing Restriction on Use of Land

Section-41 Transfer by Ostensible Owner

Section-42 Transfer by Person Having Authority to Revoke Former Transfer

Section-43 Transfer by Unauthorised Person Who Subsequently Acquires Interest in Property Transferred

Section-44 Transfer by One Co-owner

Section-45 Joint Transfer for Consideration

Section-46 Transfer for Consideration by Persons Having Distinct Interests

Section-47 Transfer by Co-owners of Share in Common Property

Section-48 Priority of Rights Created by Transfer

Section-49 Transferee’s Right Under Policy

Section-50 Rent Bona fide Paid to Holder Under Defective Title

Section-51 Improvements made by bona fide holders under defective titles

Section-52 Transfer of property pending suit relating thereto

Section-53 Fraudulent transfer

Section-53A Part Performance

Chapter-III Of Sales of Immovable Property

Section-54 “Sale” Defined

Section-55 Rights and liabilities of buyer and seller

Section-56 Marshalling by subsequent purchaser

Section-57 Provision by Court for incumbrances, and sale freed therefrom

Chapter-IV Of Mortgages of Immovable Property and Charges

Section-58 “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined

Section-59 Mortgage when to be by assurance

Section-59A References to mortgagors and mortgagees to include persons deriving title from them

Section-60 Right of mortgagor to redeem

Section-60A Obligation to transfer to third party instead of re-transference to mortgagor

Section-60B Right to inspection and production of documents

Section-61 Right to redeem separately or simultaneously

Section-62 Right of usufructuary mortgagor to recover possession

Section-63 Accession to mortgaged property

Section-63A Improvements to mortgaged property

Section-64 Renewal of mortgaged lease

Section-65 Implied contracts by mortgagor

Section-65A Mortgagor’s power to lease

Section-66 Waste by mortgagor in possession

Section-67 Right to foreclosure or sale

Section-67A Mortgagee when bound to bring one suit on several mortgages

Section-68 Right to sue for mortgage-money

Section-69 Power of sale when valid

Section-69A Appointment of receiver

Section-70 Accession to mortgaged property

Section-71 Renewal of mortgaged lease

Section-72 Rights of mortgagee in possession

Section-73: Right to proceeds of revenue sale or compensation on acquisition

Section-74 Right of subsequent mortgagee to pay off prior mortgagee

Section-75 Rights of mesne mortgagee against and subsequent mortgagees

Section-76 Liabilities of mortgagee in possession

Section-77 Receipts in lieu of interest

Section-78 Postponement of prior mortgagee

Section-79 Mortgage to secure uncertain amount when maximum is expressed

Section-80 Tacking abolished

Section-81 Marshalling securities

Section-82 Contribution to mortgage-debt

Section-83 Power to deposit in Court money due on mortgage

Section-84 Cessation of interest

Section-85 Parties to suits for foreclosure, sale and redemption

Section-86 Decree of foreclosure suit

Section-87 Procedure in case of payment of amount due

Section-88 Decree of sale

Section-89 Procedure when defendant pay amount due

Section-90 Recovery of balance due on mortgage

Section-91 Persons who may sue for redemption

Section-92 Subrogation

Section-93 Prohibition of tacking

Section-94 Rights of mesne mortgagee

Section-95 Right of redeeming co-mortgagor to expenses

Section-96 Mortgage by deposit of title-deeds

Section-97 Application of proceeds

Section-98 Rights and liabilities of parties to anomalous mortgages

Section-99 Attachment of mortgaged property

Section-100 Charges

Section-101 No merger in case of subsequent encumbrance

Section-102 Service or tender on or to agent

Section-103 Notice, etc., to or by person incompetent to contract

Section-104 Power to make rules

Chapter-V Of Leases of Immovable Property 

Section-105 Lease defined

Section-106 Duration of certain leases in absence of written contract or local usage

Section-107 Leases how made

Section-108 Rights and liabilities of lessor and lessee

Section-109 Rights of lessor’s transferee

Section-110 Exclusion of day on which term commences

Section-111 Determination of lease

Section-112 Waiver of forfeiture

Section-113 Waiver of notice to quit

Section-114 Relief against forfeiture for non-payment of rent

Section-114A Relief against forfeiture in certain other cases

Section-115 Effect of surrender and forfeiture on under-leases

Section-116 Effect of holding over

Section-117 Exemption of leases for agricultural purposes

Chapter-VI Of Exchanges 

Section-118 “Exchange” defined

Section-119 Right of party deprived of thing received in exchange

Section-120 Rights and liabilities of parties

Section-121 Exchange of money

Chapter-VII Of Gifts

Section-122 “Gift” defined

Section-123 Transfer how effected

Section-124 Gift of existing and future property

Section-125 Gift to several, of whom one does not accept

Section-126 When gift may be suspended or revoked

Section-127 Onerous gifts

Section-128 Universal donee

Section-129 Saving of donations mortis causa and Muhammadan law

Chapter-VIII Of Transfers of Actionable Claim

Section-130 Transfer of actionable claim

Section-130A Transfer of policy of marine insurance

Section-131 Notice to be in writing, signed

Section-132 Liability of transferee of actionable claim

Section-133 Warranty of solvency of debtor

Section-134 Mortgaged debt

Section-135 Assignment of rights under policy of insurance against fire

Section-135A Assignment of rights under policy of marine insurance

Section-136 Incapacity of officers connected with Courts of Justice

Section-137 Saving of negotiable instruments, etc

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