Central · Act 4 of 1882

The Transfer of Property Act, 1882

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

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आधिकारिक दस्तावेज़ / Official document

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H1882-04.pdf

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About this act

Jurisdiction
Central
Enactment date
1882-02-17
Sections available
148

Commencement information from the source

1882-07-01

Read the sections

1Short title .→2Repeal of Acts.→3Interpretation-clause.→4Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act.→5“Transfer of property” defined.→6What may be transferred.→7Persons competent to transfer.→8Operation of transfer.→9Oral transfer.→10Condition restraining alienation.→11Restriction repugnant to interest cleated.→12Condition making interest determinable on insolvency or attempted alienation.→13Transfer for benefit of unborn person.→14Rule against, perpetuity.→15Transfer to class some of whom come under sect ions 13 and 14.→16Transfer to take effect on failure of prior interest .→17Direction for accumulation.→18Transfer in perpetuity for benefit of public.→19Vested interest.→20When unborn person acquires vested interest on transfer for his benef it .→21Contingent interest.→22Transfer to members of a class who attain a particular age.→23Transfer contingent on happening of specified uncertain event.→24Transfer to such of certain persons as survive at some period not specified.→25Conditional transfer.→26Fulfilment of condition precedent.→27Conditional transfer to one person coupled with transfer to another on failure of prior disposition.→28Ulterior transfer conditional on happening or not happening of specified event.→29Fulfilment of condition subsequent.→30Prior disposition not affected by invalidity of ulterior disposition.→31Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen.→32Such condition must not be invalid.→33Transfer conditional on performance of act, no time being specified for performance.→34Transfer conditional on performance of act, time being specified.→35Election when necessary.→36Apportionment of periodical payments on determination of interest of person entitled.→37Apportionment of benefit of obligation on severance.→38Transfer by person authori sed only under certain circumstances to transfer.→39Transfer where third person is entitled to maintenance.→40Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement.→41Transfer by ostensible owner.→42Transfer by person having authority to revoke former transfer.→43Transfer by unauthorised person who subsequently acquires interest in property transferred.→44Transfer by one co-owner.→45Joint transfer for consideration.→46Transfer for consideration by persons having distinct interests.→47Transfer by co-owners of share in common property.→48Priority of rights created by transfer.→49Transferee's right under policy.→50Rent bona fide paid to holder under defective title.→51Improvements made by bona fide holders under defective titles.→52Transfer of property pending suit relating thereto.→53Fraudulent transfer.→53APart performance.→54“Sale” defined.→55Rights and liabilities of buyer and seller.→56Marshalling by subsequent purchaser.→57Provision by Court for incumbrances and sale freed therefrom.→58Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined.→59Mortgage when to be by assurance.→59AReferences to mortgagors and mortgagees to include persons deriving title from them.→60Right of mortgagor to redeem.→60AObligation to transfer to third party instead of re -transference to mortgagor.→60BRight to inspection and production of documents.→61Right to redeem separately or simultaneously.→62Right of usufructuary mortgagor to recover possession.→63Accession to mortgaged property.→63AImprovements to mortgaged property.→64Renewal of mortgaged lease.→65Implied contracts by mortgagor.→65AMortgagor‟s power to lease.→66Waste by mortgagor in possession.→67Right to foreclosure or sale.→67AMortgagee when bound to bring one suit on several mortgages.→68Right to sue for mortgage-money.→69Power of sale when valid.→69AAppointment of receiver.→70Accession to mortgaged property.→71Renewal of mortgaged lease.→72Rights of mortgagee in possession.→73Right to proceeds of revenue sale or compensation on acquisition.→74[Repealed.].→75[Repealed.].→76Liabilities of mortgagee in possession.→77Receipts in lieu of interests.→78Postponement of prior mortgagee.→79Mortgage to secure uncertain amount when maximum is expressed.→80[Repealed.].→81Marshalling securities.→82Contribution to mortgage-debt.→83Power to deposit in Court money due on mortgage.→84Cessation of interest.→85[Repealed.].→86[Repealed.].→87[Repealed.].→88[Repealed.].→89[Repealed.].→90[Repealed.].→91Persons who may sue for redemption.→92Subrogation.→93Prohibition of tacking.→94Right of mesne mortgagee.→95Right of redeeming co-mortgagor to expenses.→96Mortgage by deposit of title-deeds.→97[Repealed.].→98Rights and liabilities of parties to anomalous mortgages.→99[Repealed.].→100Charges.→101No merger in case of subsequent encumbrance.→102Service or tender on or to agent.→103Notice, etc., to or by person incompetent to contract.→104Power to make rules.→105Lease defined.→106Duration of certain leases in absence of written contract or local usage.→107leases how made.→108Rights and liabilities of lessor and lessee.→109Rights of lessor‟s transferee.→110Exclusion of day on which term commences.→111Determination of lease.→112Waiver of forfeiture.→113Waiver of notice to quit.→114Relief against forfeiture for non-payment of rent.→114ARelief against forfeiture in certain other cases.→115Effect of surrender and forfeiture on under-leases.→116Effect of holding over.→117Exemption of leases for agricultural purposes.→118“Exchange” defined.→119Right of party deprived of thing received in exchange.→120Rights and liabilities of parties.→121Exchange of money.→122“Gift” defined.→123Transfer how effected.→124Gift of existing and future property.→125Gift to several, of whom one does not accept.→126When gift may be suspended or revoked.→127Onerous gifts.→128Universal donee.→129Saving of donations mortis causa and Muhammadan law.→130Transfer of actionable claim.→130ARepealed.→131Notice to be in writing, signed.→132Liability of transferee of actionable claim.→133Warranty of solvency of debtor.→134Mortgaged debt.→135Assignment of rights under policy of insurance against fire.→135A[Repealed.].→136Incapacity of officers connected with Courts of Justice.→137Saving of negotiable instruments, etc.→

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India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2018-04-16. Check the linked official text and subsequent notifications when applying a provision.

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