TPA

14. Rule against perpetuity. No transfer of property can operate to create an interest which is to take effect after the life-time of one orRead More →

CHAPTER I – PRELIMINARY 1. Short title. This Act may be called the Transfer of Property Act, 1882. Commencement- It shall come into force onRead More →

2. Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc- In the territories to which this Act extends for the time being theRead More →

3. Interpretation clause. In this Act, unless there is something repugnant in the subject or context,- “immoveable property” does not include standing timber, growing cropsRead More →

4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. The Chapters and sections of thisRead More →

CHAPTER II – OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (A) TRANSFER OF PROPERTY, WHETHER MOVEABLE OR IMMOVEABLE 5. “Transfer of property” defined. InRead More →

6. What may be transferred. Property of any kind may be transferred, except as otherwise provided by this Act or by any other law forRead More →

7. Persons competent to transfer. Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own,Read More →

8. Operation of transfer. Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interestRead More →

9. Oral transfer. A transfer of property may be made without writing in every case in which a writing is not expressly required by law.Read More →

10. Condition restraining alienation. Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him fromRead More →

11. Restriction repugnant to interest created. Where, on a transfer of property, an interest therein is created absolutely in favour of any person, but theRead More →

12. Condition making interest determinable on insolvency or attempted alienation. Where property is transferred subject to a condition or limitation making any interest therein, reservedRead More →

13. Transfer for benefit of unborn person. Where, on a transfer of property, an interest therein is created for the benefit of a person notRead More →

15. Transfer to class some of whom come under Sections 13 and 14. If, on a transfer of property, an interest therein is created forRead More →

16. Transfer to take effect on failure of prior interest. Where, by reason of any of the rules contained in sections 13 and 14, anRead More →

17. Direction for accumulation. (1) Where the terms of a transfer of property direct that the income arising from the property shall be accumulated eitherRead More →

18. Transfer in perpetuity for benefit of public. The restrictions in sections 14, 16 and 17 shall not apply in the case of a transferRead More →

19. Vested interest. Where, on a transfer of property, an interest therein is created in favour of a person without specifying the time when itRead More →

20. When unborn person acquires vested interest on transfer for his benefit. Where, on a transfer of property, an interest therein is created for theRead More →

21. Contingent interest. Where, on a transfer of property, an interest therein is created in favour of a person to take effect only on theRead More →

22. Transfer to members of a class who attain a particular age. Where, on a transfer of property, an interest therein is created in favourRead More →

23. Transfer contingent on happening of specified uncertain event. Where, on a transfer of property, an interest therein is to accrue to a specified personRead More →

24. Transfer to such of certain persons as survive at some period not specified. Where, on a transfer of property, an interest therein is toRead More →

25. Conditional transfer. An interest created on a transfer of property and dependent upon a condition fails if the fulfilment of the condition is impossible,Read More →

26. Fulfilment of condition precedent. Where the terms of a transfer of property impose a condition to be fulfilled before a person can take anRead More →

27. Conditional transfer to one person coupled with transfer to another on failure of prior disposition. Where, on a transfer of property, an interest thereinRead More →

28. Ulterior transfer conditional on happening or not happening of specified event. On a transfer of property an interest therein may be created to accrueRead More →

29. Fulfilment of condition subsequent. An ulterior disposition of the kind contemplated by the last preceding section cannot, take effect unless the condition is strictlyRead More →

30. Prior disposition not affected by invalidity of ulterior disposition. If the ulterior disposition is not valid, the prior disposition is not affected by it.Read More →

31. Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen. Subject to the provisions of sectionRead More →

32. Such condition must not be invalid. In order that a condition that an interest shall cease to exist may be valid, it is necessaryRead More →

33. Transfer conditional on performance of act, no time being specified for performance. Where, on a transfer of property, an interest therein is created subjectRead More →

34. Transfer conditional on performance of act, time being specified. Where an act is to be performed by a person either as a condition toRead More →

ELECTION 35. Election when necessary. Where a person professes to transfer property which he has no right to transfer, and as part of the sameRead More →

APPORTIONMENT 36. Apportionment of periodical payments on determination of interest of person entitled. In the absence of a contract or local usage to the contrary,Read More →

37. Apportionment of benefit of obligation on severance. When, in consequence of a transfer, property is divided and held in several shares, and thereupon theRead More →

(B) TRANSFER OF IMMOVABLE PROPERTY 38. Transfer by person authorised only under certain circumstances to transfer. Where any person, authorised only under circumstances in theirRead More →

39. Transfer where third person is entitled to maintenance. Where a third person has a right to receive maintenance, or a provision for advancement orRead More →

40. Burden of obligation imposing restriction on use of land. Where, for the more beneficial enjoyment of his own immoveable property, a third person has,Read More →

41. Transfer by ostensible owner. Where, with the consent, express or implied, of the persons interested in immoveable property, a person is the ostensible ownerRead More →

42. Transfer by person having authority to revoke former transfer. Where a person transfers any immoveable property, reserving power to revoke the transfer, and subsequentlyRead More →

43. Transfer by unauthorised person who subsequently acquires interest in property transferred. Where a person fraudulently or erroneously represents that he is authorised to transferRead More →

44. Transfer by one co-owner. Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of suchRead More →

45. Joint transfer for consideration. Where immoveable property is transferred for consideration to two or more persons and such consideration is paid out of aRead More →

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 →

RIGHTS AND LIABILITIES OF MORTGAGOR 60. Right of mortgagor to redeem. At any time after the principal money has become due, the mortgagor has aRead More →

60A. Obligation to transfer to third party instead of re-transference to mortgagor. (1) Where a mortgagor is entitled to redemption, then, on the fulfilment ofRead More →

60B. Right to inspection and production of documents. A mortgagor, as long as his right of redemption subsists, shall be entitled at all reasonable times,Read More →

61. Right to redeem separately or simultaneously. A mortgagor who has executed two or more mortgages in favour of the same mortgagee shall, in theRead More →

62. Right of usufructuary mortgagor to recover possession. In the case of a usufructuary mortgage, the mortgagor has a right to recover possession of theRead More →

63. Accession to mortgaged property. Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, received any accession, the mortgagor,Read More →

63A. Improvements to mortgaged property. (1) Where mortgaged property in possession of the mortgagee has, during the continuance of the mortgage, been improved, the mortgagor,Read More →

64. Renewal of mortgaged lease. Where the mortgaged property is a lease, and the mortgagee obtains a renewal of the lease, the mortgagor, upon redemption,Read More →

65. Implied contracts by mortgagor. In the absence of a contract to the contrary, the mortgagor shall be deemed to contract with the mortgagee,- (a)Read More →

65A. Mortgagor’s power to lease. (1) Subject to the provisions of sub-section (2), a mortgagor, while lawfully in possession of the mortgaged property, shall haveRead More →

66. Waste by mortgagor in possession. A mortgagor in possession of the mortgaged property is not liable to the mortgagee for allowing the property toRead More →

RIGHTS AND LIABILITIES OF MORTGAGEE 67. Right to fore-closure or sale. In the absence of a contract to the contrary, the mortgagee has, at anyRead More →

67A. Mortgagee when bound to bring one suit on several mortgages. A mortgagee who holds two or more mortgages executed by the same mortgagor inRead More →

68. Right to sue for mortgage-money. (1) The mortgagee has a right to sue for the mortgage-money in the following cases and no others, namely-Read More →

69. Power of sale when valid. (1) A mortgagee, or any person acting on his behalf, shall, subject to the provisions of this section haveRead More →

69A. Appointment of receiver. (1) A mortgagee having the right to exercise a power of sale under section 69 shall, subject to the provisions ofRead More →

70. Accession to mortgaged property. If, after the date of a mortgage, any accession is made to the mortgaged property, the mortgagee, in the absenceRead More →

71. Renewal of mortgaged lease. When the mortgaged property is a lease and the mortgagor obtains a renewal of the lease, the mortgagee, in theRead More →

72. Right of mortgagee in possession. A mortgagee may spend such money as is necessary- (a) omitted by Act 20 of 1929. (b) for theRead More →

73. Right to proceeds of revenue sale or compensation on acquisition. (1) Where the mortgaged property or any part thereof or any interest therein isRead More →

74. Right of subsequent mortgagee to pay off prior mortgagee. Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929), sec. 39. TransferRead More →

75. Rights of mesne mortgagee against prior and subsequent mortgagees. Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929), sec. 39. TransferRead More →

76. Liabilities of mortgagee in possession. When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged property,- (a) he must manageRead More →

77. Receipts in lieu of interest. Nothing in section 76, clauses (b), (d), (g) and (h), applies to cases where there is a contract betweenRead More →

PRIORITY 78. Postponement of prior mortgagee. Where, through the fraud, misrepresentation or gross neglect of prior mortgagee, another person has been induced to advance moneyRead More →

79. Mortgage to secure uncertain amount when maximum is expressed. If a mortgage made to secure future advances, the performance of an engagement or theRead More →

80. Tacking abolished. Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of 1929), sec. 41. Transfer of Property Act full bare act. DownloadRead More →

MARSHALLING AND CONTRIBUTION 81. Marshalling, securities. If the owner of two or more properties mortgages them to one person and then mortgages one or moreRead More →

82. Contribution to mortgage-debt. Where property subject to a mortgage belongs to two or more persons having distinct and separate rights of ownership therein, theRead More →

DEPOSIT IN COURT 83. Power to deposit in Court money due on mortgage. At any time after the principal money payable in respect of anyRead More →

84. Cessation of interest. When the mortgagor or such other person as aforesaid has tendered or deposited in Court under section 83 the amount remainingRead More →

SUITS FOR FORECLOSURE, SALE OR REDEMPTION 85. Parties to suits for foreclosure, sale and redemption. (85-90 repealed) [Rep. by the Code of Civil Procedure, 1908Read More →

FORECLOSURE AND SALE 86. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.] Transfer of Property Act fullRead More →

87. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.] Transfer of Property Act full bare act. DownloadRead More →

88. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.] Transfer of Property Act full bare act. DownloadRead More →

89. -[Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.] Transfer of Property Act full bare act. DownloadRead More →

90. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.] (For the repealed provisions as re-enacted, please seeRead More →

REDEMPTION 91. Persons who may sue for redemption. Besides the mortgagor, any of the following persons may redeem, or institute a suit for redemption of,Read More →

92. Subrogation. Any of the persons referred to in section 91 (other than the mortgagor) and any co-mortgagor shall, on redeeming property subject to theRead More →

93. Prohibition of tacking. No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate mortgage, shall thereby acquire any priorityRead More →

94. Rights of mesne mortgagee. Where a property is mortgaged for successive debts to successive mortgagees, a mesne mortgagee has the same rights against mortgageesRead More →

95. Right of redeeming co-mortgagor to expenses. Where one of several mortgagors redeems the mortgaged property, he shall, in enforcing his right of subrogation underRead More →

96. Mortgage by deposit of title-deeds. The provisions hereinbefore contained which apply to a simple mortgage shall, so far as may be, apply to aRead More →

97. Application of proceeds. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec. 156 and Sch. V.] Transfer of Property Act fullRead More →

ANOMALOUS MORTGAGES 98. Rights and liabilities of parties to anomalous mortgages. In the case of an anomalous mortgage the rights and liabilities of the partiesRead More →

ATTACHMENT OF MORTGAGED PROPERTY 99. Attachment of mortgaged property. [Rep. by the Code of Civil Procedure, 1908 (5 of 1908), sec.156 and Sch. V] TransferRead More →

CHARGES 100. Charges. Where immoveable property of one person is by act of parties or operation of law made security for the payment of moneyRead More →

101. No merger in case of subsequent encumbrance. Any mortgagee of, or person having a charge upon, immoveable property, or any transferee from such mortgageeRead More →

NOTICE AND TENDER 102. Service or tender on or to agent. Where the person on or to whom any notice or tender is to beRead More →

103. Notice, etc, to or by person incompetent to contract. Where, under the provisions of this Chapter, a notice is to be served on orRead More →

104. Power to make rules. The High Court may, from time to time, make rules consistent with this Act for carrying out, in itself andRead More →

CHAPTER V – OF LEASES OF IMMOVEABLE PROPERTY 105. Lease defined. A lease of immoveable property is a transfer of a right to enjoy suchRead More →

106. Duration of certain leases in absence of written contract or local usage. (1) In the absence of a contract or local law or usageRead More →

107. Leases how made. A lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent,Read More →

108. Rights and liabilities of lessor and lessee. In the absence of a contract or local usage to the contrary, the lessor and the lesseeRead More →

109. Rights of lessor’s transferee. If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee,Read More →

110. Exclusion of day on which term commences. Where the time limited by a lease of immoveable property is expressed as commencing from a particularRead More →

111. Determination of lease. A lease of immoveable property determines- (a) by efflux of the time limited thereby; (b) where such time is limited conditionallyRead More →

112. Waiver of forfeiture. A forfeiture under section 111, clause (g) is waived by acceptance of rent which has become due since the forfeiture, orRead More →

113. Waiver of notice to quit. A notice given under section 111, clause (h), is waived, with the express or implied consent of the personRead More →

114. Relief against forfeiture for non-payment of rent. Where a lease of immoveable property has determined by forfeiture for non-payment of rent, and the lessorRead More →

114A. Relief against forfeiture in certain other cases. Where a lease of immoveable property has determined by forfeiture for a breach of an express conditionRead More →

115. Effect of surrender and forfeiture on under-leases. The surrender, express or implied, of a lease of immoveable property does not prejudice an under-lease ofRead More →

116. Effect of holding over. If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to theRead More →

117. Exemption of leases for agricultural purposes. None of the provisions of this Chapter apply to leases for agricultural purposes, except in so far asRead More →

118. “Exchange” defined. When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being moneyRead More →

119. Right of party deprived of thing received in exchange. If any party to an exchange or any person claiming through or under such partyRead More →

120. Rights and liabilities of parties. Save as otherwise provided in this Chapter, each party has the rights and is subject to the liabilities ofRead More →

121. Exchange of money. On an exchange of money, each party thereby warrants the genuineness of the money given by him. Transfer of Property ActRead More →

122. “Gift” defined. “Gift” is the transfer of certain existing moveable or immoveable property made voluntarily and without consideration, by one person, called the donor,Read More →

123. Transfer how effected. For the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed byRead More →

124. Gift of existing and future property. A gift comprising both existing and future property is void as to the latter. Transfer of Property ActRead More →

125. Gift to several of whom one does not accept. A gift of a thing to two or more donees, of whom one does notRead More →

126. When gift may be suspended or revoked. The donor and donee may agree that on the happening of any specified event which does notRead More →

127. Onerous gifts. Where a gift is in the form of a single transfer to the same person of several things of which one is,Read More →

128. Universal donee. Subject to the provisions of section 127, where a gift consists of the donor’s whole property, the donee is personally liable forRead More →

129. Saving of donations mortis causa and Muhammadan Law. Nothing in this Chapter relates to gifts of moveable property made in contemplation of death, orRead More →

CHAPTER VIII – OF TRANSFER OF ACTIONABLE CLAIMS 130. Transfer of actionable claim. (1) The transfer of an actionable claim whether with or without considerationRead More →

130A. Transfer of policy of marine insurance. [Rep. by the Marine Insurance Act, 1963 (11 of 1963), sec. 92 (w.e.f. 1-8-1963).] Transfer of Property ActRead More →

131. Notice to be in writing, signed. Every notice of transfer of an actionable claim shall be in writing, signed by the transferor or hisRead More →

132. Liability of transferee of actionable claim. The transferee of an actionable claim shall take it subject to all the liabilities and equities and toRead More →

133. Warranty of solvency of debtor. Where the transferor of a debt warrants the solvency of the debtor, the warranty, in the absence of aRead More →

134. Mortgaged debt. Where a debt is transferred for the purpose of securing an existing or future debt, the debt so transferred, if received byRead More →

135. Assignment of rights under policy of insurance against fire. Every assignee by endorsement or other writing, of a policy of insurance against fire, inRead More →

135A. Assignment of rights under policy of marine insurance. [Rep. by the Marine Insurance Act, 1963 (11 of 1963), sec.92, (w.e.f. 1-8-1963).] Transfer of PropertyRead More →

136. Incapacity of officers connected with Courts of Justice. No judge, legal practitioner or officer connected with any Court of Justice shall buy or trafficRead More →

137. Saving of negotiable instruments, etc. Nothing in the foregoing sections of this Chapter applies to stocks, shares or debentures, or to instruments which areRead More →