Civil Law and Procedure
The Transfer of Property Act, 1882
Act 4 of 1882 · 148 sections
Practise questions on Transfer of Property Act
Title, date and preamble
[17th February, 1882.]
An Act to amend the law relating to the Transfer of Property by act of Parties.
Preamble.—WHEREAS it is expedient to define and amend certain parts of the law
relating to the transfer of property by act of parties; It is hereby enacted as follows:—
Contents
CHAPTER I PRELIMINARY
CHAPTER II OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
(A) Transfer of Property, whether moveable or immoveable
- 5.“Transfer of property” defined
- 6.What may be transferred
- 7.Persons competent to transfer
- 8.Operation of transfer
- 9.Oral transfer
- 10.Condition restraining alienation
- 11.Restriction repugnant to interest created
- 12.Condition making interest determinable on insolvency or attempted alienation
- 13.Transfer for benefit of unborn person
- 14.Rule against perpetuity
- 15.Transfer to class some of whom come under sections 13 and 14
- 16.Transfer to take effect on failure of prior interest
- 17.Direction for accumulation
- 18.Transfer in perpetuity for benefit of public
- 19.Vested interest
- 20.When unborn person acquires vested interest on transfer for his benefit
- 21.Contingent interest
- 22.Transfer to members of a class who attain a particular age
- 23.Transfer contingent on happening of specified uncertain event
- 24.Transfer to such of certain persons as survive at some period not specified
- 25.Conditional transfer
- 26.Fulfilment of condition precedent
- 27.Conditional transfer to one person coupled with transfer to another on failure of prior disposition
- 28.Ulterior transfer conditional on happening or not happening of specified event
- 29.Fulfilment of condition subsequent
- 30.Prior disposition not affected by invalidity of ulterior disposition
- 31.Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
- 32.Such condition must not be invalid
- 33.Transfer conditional on performance of act, no time being specified for performance
- 34.Transfer conditional on performance of act, time being specified
Election
Apportionment
(B) Transfer of Immoveable Property
- 38.Transfer by person authorised only under certain circumstances to transfer
- 39.Transfer where third person is entitled to maintenance
- 40.Burden of obligation imposing restriction on use of land
- 41.Transfer by ostensible owner
- 42.Transfer by person having authority to revoke former transfer
- 43.Transfer by unauthorised person who subsequently acquires interest in property transferred
- 44.Transfer by one co-owner
- 45.Joint transfer for consideration
- 46.Transfer for consideration by persons having distinct interests
- 47.Transfer by co-owners of share in common property
- 48.Priority of rights created by transfer
- 49.Transferee’s right under policy
- 50.Rent bona fide paid to holder under defective title
- 51.Improvements made by bona fide holders under defective titles
- 52.Transfer of property pending suit relating thereto
- 53.Fraudulent transfer
- 53A.Part performance
CHAPTER III OF SALES OF IMMOVEABLE PROPERTY
Discharge of Incumbrances on Sale
CHAPTER IV OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
Rights and Liabilities of Mortgagor
- 60.Right of mortgagor to redeem
- 60A.Obligation to transfer to third party instead of re-transference to mortgagor
- 60B.Right to inspection and production of documents
- 61.Right to redeem separately or simultaneously
- 62.Right of usufructuary mortgagor to recover possession
- 63.Accession to mortgaged property
- 63A.Improvements to mortgaged property
- 64.Renewal of mortgaged lease
- 65.Implied contracts by mortgagor
- 65A.Mortgagor’s power to lease
- 66.Waste by mortgagor in possession
Rights and liabilities of Mortgagee
- 67.Right to foreclosure or sale
- 67A.Mortgagee when bound to bring one suit on several mortgages
- 68.Right to sue for mortgage-money
- 69.Power of sale when valid
- 69A.Appointment of receiver
- 70.Accession to mortgaged property
- 71.Renewal of mortgaged lease
- 72.Rights of mortgagee in possession
- 73.Right to proceeds of revenue sale or compensation on acquisition
- 74.Right of subsequent mortgagee to pay off prior mortgagee
- 75.Rights of mesne mortgagee against and subsequent mortgagees
- 76.Liabilities of mortgagee in possession
- 77.Receipts in lieu of interest
Priority
Marshalling and Contribution
Suits for Foreclosure, Sale or Redemption
Foreclosure and Sale
Redemption
Anomalous Mortgages
Notice and Tender
CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY
A.—Rights and liabilities of the lessor. B.—Rights and liabilities of the lessee
- 109.Rights of lessor’s transferee
- 110.Exclusion of day on which term commences
- 111.Determination of lease
- 112.Waiver of forfeiture
- 113.Waiver of notice to quit
- 114.Relief against forfeiture for non-payment of rent
- 114A.Relief against forfeiture in certain other cases
- 115.Effect of surrender and forfeiture on under-leases
- 116.Effect of holding over
- 117.Exemption of leases for agricultural purposes
CHAPTER VI OF EXCHANGES
CHAPTER VII OF GIFTS
CHAPTER VIII OF TRANSFERS OF ACTIONABLE CLAIMS
- 130.Transfer of actionable claim
- 130A.Transfer of policy of marine insurance
- 131.Notice to be in writing, signed
- 132.Liability of transferee of actionable claim
- 133.Warranty of solvency of debtor
- 134.Mortgaged debt
- 135.Assignment of rights under policy of insurance against fire
- 135A.Assignment of rights under policy of marine insurance
- 136.Incapacity of officers connected with Courts of Justice
- 137.Saving of negotiable instruments, etc
Schedules and appendices
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