Transfer of Property Act, 1882 · Chapter II: Of Transfers of Property by Act of Parties
Section 5: “Transfer of property” defined
1In the following sections transfer of property means an act by .which a living person conveys property, in present or in future, to one or more other living persons, or to himself, [or it himself] and one or more other living persons; and "to transfer property" is to perform such act.
[in this section "living person" includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 5
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Ramesh Chand (D) Thr. Lrs. v. Suresh Chand and Anr.
I) Whether the impugned documents, i.e., Agreement to Sell, General Power of Attorney, Receipt of Consideration and the registered Will, allegedly entered into by K, father of the appellant/ defendant no.1 and…
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Vinod Infra Developers Ltd. v. Mahaveer Lunia & Ors.
Whether the High Court erred in rejecting the plaint filed by the appellant u/Or.VII, r.11, CPC, 1908.
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The Correspondence, Rbanms Educational Institution v. B. Gunashekar & Another
Issue arose as regards the correctness of the order passed by the High Court and the trial court rejecting the application filed by the appellant u/Ord.VII r.11(a) and (d) CPC for the rejection of plaint.
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The Cosmos Co. Operative Bank Ltd. v. Central Bank of India & Ors.
Whether ‘equitable mortgages’ are recognized in India under the nomenclature of ‘charge’ in terms of Section 100 of the Transfer of Property Act, 1882 (TPA); Who holds a valid mortgage over the property—the Appellant…
- Celir Llp v. Bafna Motors (Mumbai) Pvt.
- Resident’S Welfare Association and Another v. The Union Territory of Chandigarh and Others
- Vaishno Devi Construction Rep. Thr. Sole Proprietor (D) Thr. Lrs & Anr. v. Union of India & Ors.
- Anapurna Jaiswal v. Indian Oil Corporation Ltd. and Ors.
- The Andhra Pradesh Industrial Infrastructure Corporation Limited and v. S. N. Raj Kumar and Another
- Union of India & Ors. v. Dileep Kumar Singh
- Madras Bar Association v. Union of India and Another
- M/S Shaha Ratansi Khimji & Sons v. Proposed Kumbhar Sons Hotel P. Ltd. & Ors.
- Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana & Anr.
- Sainath Mandir Trust v. Vijaya & Ors.
- Icici Bank Limited v. Official Liquidator of Aps Star Industries Ltd. and Ors.
- Jai Narain Parasrampuria (Dead) and Ors. v. Pushpa Devi Saraf and Ors.
- Canbank Financial Services Ltd. v. The Custodian and Ors.
- Subbegowda (Dead) by Lr. v. Thimmegowda (Dead) by Lrs.
- Hindustan Lever and Anr. v. State of Maharashtra and Anr.
- T. Lakshmipathi and Ors. v. P. Nithyananda Reddy and Ors.
- B.O.I. Finance Limited Etc. v. The Custodian and Ors. Etc.
- The State of West Bengal and Anr. v. Kailash Chandra Kapur and Ors.
- S.K. Sattar Sk. Mohd. Choudhari v. Gundappa Amabadar Bukate
- Shakuntla Etc. Etc. v. State of Haryana
- Narandas Karsondas v. S. A. Kamtam & Anr.
- Safali Roy Choudhury & Ors. v. Amarendra Kumar Dutta
- Smt. Laxmi Devi v. Sethani Mukand Kanwar & Two Others
- The Mineral Development Ltd., Calcutta v. The Union of India and Another.
- Jugalkishore Saraf v. Raw Cotton Co. Ltd.