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Bar News Acts League

Transfer of Property Act, 1882

Act ID: 1882

Transfer of Property Act, 1882

"An Act to amend the law relating to the Transfer of Property by act of parties."

Table of Contents

147 Sections

Ch. I

Preliminary

S.1Section 1 [Repealed/Omitted]S.2Repeal of Acts-Saving of certain enactments, incidents, rights, liabilities, etc.S.3Interpretation clause S.4Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act

Ch. II

Transfers Of Property By Act Of Parties

S.5Transfer of property defined S.6What may be transferred S.7Persons competent to transfer S.8Operation of transfer S.9Oral transfer S.10Condition restraining alienation S.11Restriction repugnant to interest created S.12Condition making interest determinable on insolvency or attempted alienation S.13Transfer for benefit of unborn person S.14Rule against perpetuity S.15Transfer to a class, some of whom come under sections 13 and 14 S.16Transfer to take effect on failure of prior interest S.17Direction for accumulation S.18Transfer in perpetuity for benefit of public S.19Vested interest S.20When unborn person acquires vested interest on transfer for his benefit S.21Contingent interest S.22Transfer to members of a class who attain a particular age S.23Transfer contingent on happening of specified uncertain event S.24Transfer to such of certain persons as survive at some period not specified S.25Conditional transfer S.26Fulfillment of condition precedent S.27Conditional transfer to one person coupled with transfer to another on failure of prior disposition S.28Ulterior transfer conditional on happening or not happening of specified event S.29Fulfillment of condition subsequent S.30Prior disposition not affected by invalidity of ulterior disposition S.31Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen S.32Such condition must not be invalid S.33Transfer conditional on performance of act, no time being specified for performance S.34Transfer conditional on performance of act, time being specified S.35Election when necessary S.36Apportionment of periodical payments on determination of interest of person entitled S.37Apportionment of benefit of obligation on severance S.38Transfer by person authorized only under certain circumstances to transfer S.39Transfer where third person is entitled to maintenance S.40Burden of obligation imposing restriction on use of land S.41Transfer by ostensible owner S.42Transfer by person having authority to revoke former transfer S.43Transfer by unauthorized person who subsequently acquires interest in property transferred S.44Transfer by one co-owner S.45Joint transfer for consideration S.46Transfer for consideration by persons having distinct interests S.47Transfer by co-owners of share in common property S.48Priority of rights created by transfer S.49Section 49 [Repealed/Omitted]S.50Rent bona fide paid to holder under defective title S.51Improvements made by bona fide holders under defective titles S.52Transfer of property pending suit relating thereto S.53Fraudulent transfer S.53APart performance

Ch. III

Sales Of Immovable Property

S.54Sale defined S.55Rights and liabilities of buyer and seller S.56Marshalling by subsequent purchaser S.57Provision by court for encumbrances and sale freed there from

Ch. IV

Mortgages Of Immovable Property And Charges

S.58Mortgage, mortgagor mortgagee mortgage-money and not;mortgaged defined S.59Mortgage when to be by assurance S.59AReferences to mortgagors and mortgagees to include persons deriving title from them S.60Right of mortgagor to redeem S.60AObligation to transfer to third party instead of re-transference to mortgagor S.60BRight to inspection and production of documents S.61Right to redeem separately or simultaneously S.62Right of usufructuary mortgagor to recover possession S.63Accession to mortgaged property S.63AImprovements to mortgaged property S.64Renewal of mortgaged lease S.65Implied contracts by mortgagor S.66Waste by mortgagor in possession S.67Right to foreclosure or sale S.67AMortgagee when bound to bring one suit on several mortgages S.68Right to sue for mortgage-money S.69Power of sale when valid S.69AAppointment of receiver S.70Accession to mortgaged property S.71Renewal of mortgaged lease S.72Rights of mortgagee, in possession S.73Right to proceeds of revenue sale or compensation on acquisition S.74Right of subsequent mortgagee to pay off prior mortgagee S.75Rights of mesne mortgagee against prior and subsequent mortgagees S.76Liabilities of mortgagee in possession S.77Receipts in lieu of interest S.78Postponement of prior mortgagee S.79Mortgage to secure uncertain amount when maximum is expressed S.80Tacking abolished S.81Marshalling securities S.82Contribution to mortgage-debt S.83Power to deposit in court money due on mortgage S.84Cessation of interest S.85Parties to suits for foreclosure, sale and redemption S.86Section 86 [Repealed/Omitted]S.87Section 87 [Repealed/Omitted]S.88Section 88 [Repealed/Omitted]S.89Section 89 [Repealed/Omitted]S.90Section 90 [Repealed/Omitted]S.91Persons who may sue for redemption S.92Subrogation S.93Prohibition of tacking S.94Rights of mesne mortgagee S.95Right of redeeming co-mortgagor to expenses S.96Mortgage by deposit of title-deeds S.97Application of proceeds S.98Rights and liabilities of parties to anomalous mortgage S.99Attachment of mortgaged property S.100Charges S.101No merger in case of subsequent encumbrance S.102Service or tender on or to agent S.103Notice, etc., to or by person incompetent to contract S.104Power to make rules

Ch. V

Leases Of Immovable Property

S.105Lease defined S.106Duration of certain leases in absence of written contract or local usage S.107Leases how made S.108Rights and liabilities of lessor and lessee S.109Section 109 [Repealed/Omitted]S.110Exclusion of day on which term commences S.111Determination of lease S.112Waiver of forfeiture S.113Waiver of notice to quit S.114Relief against forfeiture for non-payment of rent S.114ARelief against forfeiture in certain other cases S.115Effect of surrender and forfeiture on under leases S.116Effect of holding over S.117Exemption of leases for agricultural purposes S.118Section 118 [Repealed/Omitted]

Ch. VI

Exchanges

S.119Right of party deprived of thing received in exchange S.120Rights and liabilities of parties S.121Exchange of money S.122Section 122 [Repealed/Omitted]

Ch. VII

Gifts

S.123Transfer how effected S.124Gift of existing and future property S.125Gift to several of whom one does not accept S.126When gift may be suspended or revoked S.127Onerous gifts S.128Universal donee S.129Saving of donations mortis cause and Mohammedan Law

Ch. VIII

Transfers Of Actionable Claims

S.130Transfer of actionable claim S.130ATransfer of policy of marine insurance S.131Notice to be in writing, signed S.132Liability of transferee of actionable claim S.133Warranty of solvency of debtor S.134Mortgaged debt S.135Assignment of rights under policy of insurance against fire S.135AAssignment of rights under policy of marine insurance S.136Incapacity of officers connected with courts of justice S.137Saving of negotiable instruments, etc.