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Transfer of Property Act, 1882

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The Transfer of Property Act, 1882 is the Act that deals with transfer of properties.

Immovable Property The Transfer of Property Act, 1882 includes transfer of Immovable Property. Section 3, the Interpretation of the Act, says "Immovable Property does not includes standing timber, growing crops or grass". A comprehensive definition of Immovable Property is not given in the Transfer of Property Act.


Chapter I: Preliminary

  • Section 1: Short title. Commencement.
  • 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 of specified event
  • Section 29: Fulfilment 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 not be invalid
  • Section 33: Transfer conditional on performance of act, no time being 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 acquired 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

Chapter III: Of Sales of Immoveable Property

  • Section 54: "Sale" defined. Sale how made. Contract for sale
  • 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 immoveable property and charges

  • Section 58: "Mortgage", "mortgagor", "mortgagee", "mortgage-money" and "mortgage-deed" defined.
  • Section 59: Mortgage when to be by assurance
  • Section 60: Right of mortgagor to redeem. Redemption of portion of mortgaged property
  • Section 61: Right to redeem separately or simultaneously
  • Section 62: Right of usufructuary mortgagor to recover possession
  • Section 63: Accession to mortgaged property. Accession acquired in virtue of transferred ownership
  • Section 64: Renewal of mortgaged lease
  • Section 65: Implied contracts by mortgagor
  • Section 66: Waste by mortgagor in possession
  • Section 67: Right to foreclosure or sale
  • Section 68: Right to sue for mortgage-money
  • Section 69: Power of sale when valid
  • 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: [Repealed.][Right of subsequent mortgagee to pay off prior mortgagee.]
  • Section 75: [Repealed.][Rights of mesne mortgagee against prior 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: [Repealed.][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: [Repealed.][Parties to suits for foreclosure, sale and redemption.]
  • Section 86: [Repealed.]
  • Section 87: [Repealed.]
  • Section 88: [Repealed.]
  • Section 89: [Repealed.]
  • Section 90: [Repealed.]


  • 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: [Repealed.][Application of proceeds.]

Anomalous Mortgages

  • Section 98: Rights and liabilities of parties to anomalous mortgages.
  • Section 99: [Repealed.][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: Notice, etc., to or by person incompetent to contract

Chapter V: Of leases of immoveable 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. Duration of lease for a year. Option to determine lease.
  • 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 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. Acceptance wen to be made.
  • 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. Onerous gift to disqualified person
  • Section 128: Universal donee
  • Section 129: Saving of donations mortis causa and Muhammadan law

Chapter VIII: Of Transfers of Actionable claims

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