Bare Acts

The Transfer of Property Act, 1882

1882 · Ministry of Law and Justice · In force · synced 04 Jul 2026

1.Short title 2.Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc 3.Interpretation-clause 4.Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act

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 35.Election when necessary 36.Apportionment of periodical payments determination of interest of person entitled 37.Apportionment of benefit of obligation on severance 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

III

54.“Sale” defined 55.Rights and liabilities of buyer and seller 56.Marshalling by subsequent purchaser 57.Provision by Court for incumbrances and sale freed therefrom

58.“Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined 59.Mortgage when to be by assurance 59A.References to mortgagors and mortgagees to include persons deriving ti tle from them 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 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 78.Postponement of prior mortgagee 79.Mortgage to secure uncertain amount when maximum is expressed 80.[Tacking abolished.]81.Marshalling securities 82.Contribution to mortgage-debt 83.Power to deposit in Court money due on mortgage 84.Cessation of interest 86.[ Decree of foreclosure suit .]87.[Procedure in case of payment of amount due .]88.[Decree of sale.]89.[Procedure when defendant pay amount due .]90.[Recovery of balance due on mortgage.]91.Persons who may sue for redemption 92.Subrogation 93.Prohibition of tacking 94.Rights of mesne mortgagee 95.Right of redeeming co-mortgagor to expenses 96.Mortgage by deposit of title-deeds 97.[Application of proceeds.]98.Rights and liabilities of parties to anomalous mortgages 99.[Attachment of mortgaged property.]100.Charges 101.No merger in case of subsequent encumbrance 102.Service or tender on or to agent 103.Notice, etc., to or by person incompetent to contract 104.Power to make rules

V — O F LEASES OF IMMOVEABLE PROPERTY

105.Lease defined 106.Duration of certain leases in absence of written contract or local usage 107.Leases how made 108.Rights and liabilities of lessor and 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

VI — OF EXCHANGES

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

VII — OF GIFTS

122.“Gift” defined 123.Transfer how effected 124.Gift of existing and future property 125.Gift to several, of whom one does not accept 126.When gift may be suspended or revoked 127.Onerous gifts 128.Universal donee 129.Saving of donations mortis causa and Muhammadan law 130.Transfer of actionable claim 130A.Transfer of policy of marine insurance.] Rep. by the Marine Insurance Act, 1963 (11 of 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

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