Transfer of Property Act, 1882
An Act to amend the law relating to the Transfer of Property by act of Parties.
Chapter I: Preliminary
- 1 Short title 2 judgments
- 2 Repeal of Acts 3 judgments
- 3 Interpretation-clause 27 judgments
- 4 Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act 3 judgments
Chapter II: Of Transfers of Property by Act of Parties
- 5 “Transfer of property” defined 15 judgments
- 6 What may be transferred 9 judgments
- 7 Persons competent to transfer 6 judgments
- 8 Operation of transfer 7 judgments
- 9 Oral transfer 1 judgment
- 10 Condition restraining alienation 5 judgments
- 11 Restriction repugnant to interest cleated 3 judgments
- 12 Condition making interest determinable on insolvency or attempted alienation
- 13 Transfer for benefit of unborn person 2 judgments
- 14 Rule against, perpetuity 1 judgment
- 15 Transfer to class some of whom come under sect ions 13 and 14
- 16 Transfer to take effect on failure of prior interest
- 17 Direction for accumulation 1 judgment
- 18 Transfer in perpetuity for benefit of public
- 19 Vested interest 4 judgments
- 20 When unborn person acquires vested interest on transfer for his benef it 1 judgment
- 21 Contingent interest 3 judgments
- 22 Transfer to members of a class who attain a particular age 1 judgment
- 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 1 judgment
- 31 Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen 3 judgments
- 32 Such condition must not be invalid 2 judgments
- 33 Transfer conditional on performance of act, no time being specified for performance
- 34 Transfer conditional on performance of act, time being specified 1 judgment
Election
Apportionment
- 36 Apportionment of periodical payments on determination of interest of person entitled
- 37 Apportionment of benefit of obligation on severance
- 38 Transfer by person authori sed only under certain circumstances to transfer
- 39 Transfer where third person is entitled to maintenance 2 judgments
- 40 Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement 8 judgments
- 41 Transfer by ostensible owner 10 judgments
- 42 Transfer by person having authority to revoke former transfer 1 judgment
- 43 Transfer by unauthorised person who subsequently acquires interest in property transferred 8 judgments
- 44 Transfer by one co-owner 5 judgments
- 45 Joint transfer for consideration 2 judgments
- 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 2 judgments
- 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 2 judgments
- 52 Transfer of property pending suit relating thereto 40 judgments
- 53 Fraudulent transfer 6 judgments
- 53A Part performance 44 judgments
Chapter III: Of Sales of Immoveable Property
- 54 “Sale” defined 45 judgments
- 55 Rights and liabilities of buyer and seller 22 judgments
- 56 Marshalling by subsequent purchaser 2 judgments
Discharge of Incumbrances on Sale
Chapter IV: Of Mortgages of Immoveable Property and Charges
- 58 Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined 18 judgments
- 59 Mortgage when to be by assurance 3 judgments
- 59A References to mortgagors and mortgagees to include persons deriving title from them 2 judgments
Rights and Liabilities of Mortgagor
- 60 Right of mortgagor to redeem 15 judgments
- 60A 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 1 judgment
- 63 Accession to mortgaged property
- 63A Improvements to mortgaged property
- 64 Renewal of mortgaged lease
- 65 Implied contracts by mortgagor
- 65A Mortgagor‟s power to lease 8 judgments
- 66 Waste by mortgagor in possession
Rights and liabilities of Mortgagee
- 67 Right to foreclosure or sale 2 judgments
- 67A Mortgagee when bound to bring one suit on several mortgages
- 68 Right to sue for mortgage-money
- 69 Power of sale when valid 12 judgments
- 69A Appointment of receiver 18 judgments
- 70 Accession to mortgaged property 1 judgment
- 71 Renewal of mortgaged lease
- 72 Rights of mortgagee in possession 1 judgment
- 73 Right to proceeds of revenue sale or compensation on acquisition 1 judgment
- 74 [Repealed.]
- 75 [Repealed.]
- 76 Liabilities of mortgagee in possession 3 judgments
- 77 Receipts in lieu of interests
Priority
- 78 Postponement of prior mortgagee
- 79 Mortgage to secure uncertain amount when maximum is expressed
- 80 [Repealed.]
Marshalling and Contribution
Deposit in Court
Suits for Foreclosure, Sale or Redemption
Foreclosure and Sale
Redemption
- 91 Persons who may sue for redemption 2 judgments
- 92 Subrogation
- 93 Prohibition of tacking
- 94 Right of mesne mortgagee
- 95 Right of redeeming co-mortgagor to expenses
- 96 Mortgage by deposit of title-deeds
- 97 [Repealed.]
Anomalous Mortgages
Charges
Notice and Tender
Chapter V: Of Leases of Immoveable Property
- 105 Lease defined 22 judgments
- 106 Duration of certain leases in absence of written contract or local usage 51 judgments
- 107 leases how made 13 judgments
- 108 Rights and liabilities of lessor and lessee 21 judgments
- 109 Rights of lessor‟s transferee 5 judgments
- 110 Exclusion of day on which term commences
- 111 Determination of lease 30 judgments
- 112 Waiver of forfeiture 2 judgments
- 113 Waiver of notice to quit 2 judgments
- 114 Relief against forfeiture for non-payment of rent 7 judgments
- 114A Relief against forfeiture in certain other cases 3 judgments
- 115 Effect of surrender and forfeiture on under-leases
- 116 Effect of holding over 7 judgments
- 117 Exemption of leases for agricultural purposes 2 judgments
Chapter VI: Of Exchanges
Chapter VII: Of Gifts
- 122 “Gift” defined 9 judgments
- 123 Transfer how effected 12 judgments
- 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 4 judgments
- 127 Onerous gifts 1 judgment
- 128 Universal donee
- 129 Saving of donations mortis causa and Muhammadan law 5 judgments
Chapter VIII: Of Transfers of Actionable Claims
- 130 Transfer of actionable claim 4 judgments
- 130A Repealed
- 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
- 135A [Repealed.]
- 136 Incapacity of officers connected with Courts of Justice
- 137 Saving of negotiable instruments, etc
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.