⚖️
ACT NO. IV OF 1882Year 188217th February, 1882

The Transfer of Property Act,(TPA)

8Chapters
171Sections
✦
I
Chapter I

PRELIMINARY

6
✪1
Short title
✪2
Commencement
✪3
Extent
✪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
II
Chapter II

OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

54
✪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 on 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, or of obligation annexed to ownership but not amounting to interest or easement
✪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
✪55
Immoveable Property under a contract for sale not to be transferred
✪53C
Immoveable Property without Khatian not to be sold
✪53D
Immoveable Property under mortgage not to be transferred
✪53E
Instrument of transfer to be supported by affidavit
✪53
Fraudulent transfer
✪60
Part performance
III
Chapter III

OF SALES OF IMMOVEABLE PROPERTY

7
✪54
“Sale” defined
✪62
Sale how made
✪63
Contract for sale
✪64
Contract for sale to be registered, etc.
✪55
Rights and liabilities of buyer and seller
✪56
Marshalling by subsequent purchaser
✪57
Provision by Court for incumbrance and sale freed therefrom
IV
Chapter IV

OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES

63
✪58
“Mortgage,” “mortgagor,” “mortgagee,” “mortgage-money” and “mortgage-deed”defined
✪69
Simple mortgage
✪70
Mortgage by conditional sale
✪71
Usufructuary mortgage
✪72
English mortgage
✪73
Mortgage by deposit of title-deeds
✪74
Anomalous mortgage
✪59
Mortgage when to be by assurance
✪76
References to mortgagors and mortgagees to include persons deriving title from them
✪60
Right of mortgagor to redeem.
✪78
Redemption of portion of mortgaged property
✪79
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
✪84
Accession acquired in virtue of transferred ownership
✪85
Improvements to mortgaged property
✪64
Renewal of mortgaged lease
✪65
Implied contracts by mortgagor
✪88
Mortgagor’s power to lease
✪66
Waste by mortgagor in possession
✪67
Right to foreclosure or sale
✪91
Mortgagee when bound to bring one suit on several mortgages
✪68
Right to sue for mortgage-money
✪69
Power of sale when valid
✪94
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
[Repealed]
✪75
[Repealed]
✪76
Liabilities of mortgagee in possession
✪102
Loss occasioned by his default
✪77
Receipts in lieu of interest
✪78
Postponement of prior mortgagee
✪79
Mortgage to secure uncertain amount when maximum is expressed
✪80
[Repealed]
✪81
Marshalling securities
✪82
Contribution to mortgage-debt
✪83
Power to deposit in Court money due on mortgage
✪84
Cessation of interest
✪85
[Repealed]
✪86
[Repealed]
✪87
[Repealed]
✪88
[Repealed]
✪89
[Repealed]
✪90
[Repealed]
✪91
Person 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
[Repealed]
✪98
Rights and liabilities of parties to anomalous mortgages
✪99
[Repealed]
✪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
Chapter V

OF LEASES OF IMMOVEABLE PROPERTY

17
✪105
“Lease” defined
✪132
"Lessor", "lessee", "premium" and "rent" 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
✪138
Duration of lease for a year
✪139
Option to determine lease
✪111
Determination of lease
✪112
Waiver of forfeiture
✪113
Waiver of notice to quit
✪114
Relief against forfeiture for non-payment of rent
✪144
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
Chapter VI

OF EXCHANGES

4
✪118
“Exchange” defined
✪119
Right of party deprived of thing received in exchange
✪120
Rights and liabilities of parties
✪121
Exchange of money
VII
Chapter VII

OF GIFTS

10
✪122
“Gift” defined
✪153
Acceptance when to be made
✪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. Onerous gift to disqualified person.
✪128
Onerous gift to disqualified person
✪128
Universal donee
✪129
Saving of donations mortis causa and Muhammadan law
VIII
Chapter VIII

OF TRANSFERS OF ACTIONABLE CLAIMS

10
✪130
Transfer of actionable claim
✪163
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
✪169
Assignment of rights under policy of marine insurance
✪136
Incapacity of officers connected with Courts of Justice
✪137
Saving of negotiable instruments, etc.