46. Transfer for consideration by persons having distinct interests. Where immoveable property is transferred for consideration by persons having distinct interests therein, the transferors are,Read More →

47. Transfer by co-owners of share in common property. Where several co-owners of immoveable property transfer a share therein without specifying that the transfer isRead More →

48. Priority of rights created by transfer. Where a person purports to create by transfer at different times rights in or over the same immoveableRead More →

49. Transferee’s right under policy. Where immoveable property is transferred for consideration, and such property or any part thereof is at the date of theRead More →

50. Rent bona fide paid to holder under defective title. No person shall be chargeable with any rents or profits of any immoveable property, whichRead More →

51. Improvements made by bona fide holders under defective titles. When the transferee of immoveable property makes any improvement on the property, believing in goodRead More →

52. Transfer of property pending suit relating thereto. During the pendency in any Court having authority within the limits of India excluding the State ofRead More →

53. Fraudulent transfer. (1) Every transfer of immoveable property made with intent to defeat or delay the creditors of the transferor shall be voidable atRead More →

53A. Part performance. Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from whichRead More →

CHAPTER III – OF SALES OF IMMOVABLE PROPERTY Section 54. “Sale” Defined ‘Sale‘ is a transfer of ownership in exchange for a price paid orRead More →

55. Rights and liabilities of buyer and seller. In the absence of a contract to the contrary, the buyer and the seller of immoveable propertyRead More →

56. Marshalling by subsequent purchaser. If the owner of two or more properties mortgages them to one person and then sells one or more ofRead More →

DISCHARGE OF ENCUMBRANCES ON SALE 57. Provision by Court for encumbrances and sale freed therefrom. (a) Where immoveable property subject to any encumbrances, whether immediatelyRead More →

CHAPTER IV – OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES Section 58 TPA: Mortgage, mortgagor, mortgagee, mortgage-money and mortgage-deed defined. (a) A mortgage is theRead More →

59. Mortgage when to be by assurance. Where the principal money secured is one hundred rupees or upwards, a mortgage other than a mortgage byRead More →

59A. References to mortgagors and mortgagees to include persons deriving title from them. Unless otherwise expressly provided, references in this Chapter to mortgagors and mortgageesRead More →