CHAPTER I – PRELIMINARY 1. Short title. This Act may be called the Transfer of Property Act, 1882. Commencement- It shall come into force on the first day of July, 1882. Extent- It extends in the first instance to the whole of India except the territories which, immediately before theKeep Reading

2. Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc- In the territories to which this Act extends for the time being the enactments specified in the Schedule hereto annexed shall be repealed to the extent therein mentioned. But nothing herein contained shall be deemed to affect- (a)Keep Reading

3. Interpretation clause. In this Act, unless there is something repugnant in the subject or context,- “immoveable property” does not include standing timber, growing crops or grass; ‘‘instrument” means a non-testamentary instrument; “attested”, in relation to an instrument, means and shall be deemed always to have meant attested by twoKeep Reading

4. Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act. The Chapters and sections of this Act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 (9 of 1872). And section 54, paragraphs 2 andKeep Reading

CHAPTER II – OF TRANSFERS OF PROPERTY BY ACT OF PARTIES (A) TRANSFER OF PROPERTY, WHETHER MOVEABLE OR IMMOVEABLE 5. “Transfer of property” defined. In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or moreKeep Reading

6. What may be transferred. Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force,- (a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on theKeep Reading

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, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in theKeep Reading

8. Operation of transfer. Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents thereof. Such incidents include, where the property is land,Keep Reading

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. Transfer of Property Act full bare act. Download Transfer of Property Act PDF.Keep Reading

10. Condition restraining alienation. Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void, except in the case of a lease where theKeep Reading

11. Restriction repugnant to interest created. Where, on a transfer of property, an interest therein is created absolutely in favour of any person, but the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular manner, he shall be entitled to receiveKeep Reading

12. Condition making interest determinable on insolvency or attempted alienation. Where property is transferred subject to a condition or limitation making any interest therein, reserved or given to or for the benefit of any person, to cease on his becoming insolvent or endeavouring to transfer or dispose of the same,Keep Reading

13. Transfer for benefit of unborn person. Where, on a transfer of property, an interest therein is created for the benefit of a person not in existence at the date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit ofKeep Reading

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 or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of thatKeep Reading

15. Transfer to class some of whom come under Sections 13 and 14. If, on a transfer of property, an interest therein is created for the benefit of a class of persons with regard to some of whom such interest fails by reason of any of the rules contained inKeep Reading

16. Transfer to take effect on failure of prior interest. Where, by reason of any of the rules contained in sections 13 and 14, an interest created for the benefit of a person or of a class of persons fails in regard to such person or the whole of suchKeep Reading