The Transfer of Property Act, 1882 – All Sections

An Act to amend the law relating to the Transfer of Property by act of Parties.

The Transfer of Property Act, 1882 has 148 sections in 8 chapters, amended 19 times. Each link below opens the official text of that section. Official PDF on India Code.

The Transfer of Property Act, 1882 PDF

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Official copy of the Act from India Code (Legislative Department, Government of India).

All sections of the Transfer of Property Act, 1882

Chapter I: PRELIMINARY

Section 1 – Short title
Section 2 – Repeal of Acts
Section 3 – Interpretation-clause
Section 4 – Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act

Chapter II: CHAPTER II

Section 5 – “Transfer of property” defined
Section 6 – What may be transferred
Section 7 – Persons competent to transfer
Section 8 – Operation of transfer
Section 9 – Oral transfer
Section 10 – Condition restraining alienation
Section 11 – Restriction repugnant to interest cleated
Section 12 – Condition making interest determinable on insolvency or attempted alienation
Section 13 – Transfer for benefit of unborn person
Section 14 – Rule against, perpetuity
Section 15 – Transfer to class some of whom come under sect ions 13 and 14
Section 16 – Transfer to take effect on failure of prior interest
Section 17 – Direction for accumulation
Section 18 – Transfer in perpetuity for benefit of public
Section 19 – Vested interest
Section 20 – When unborn person acquires vested interest on transfer for his benef it
Section 21 – Contingent interest
Section 22 – Transfer to members of a class who attain a particular age
Section 23 – Transfer contingent on happening of specified uncertain event
Section 24 – Transfer to such of certain persons as survive at some period not specified
Section 25 – Conditional transfer
Section 26 – Fulfilment of condition precedent
Section 27 – Conditional transfer to one person coupled with transfer to another on failure of prior disposition
Section 28 – Ulterior transfer conditional on happening or not happening of specified event
Section 29 – Fulfilment of condition subsequent
Section 30 – Prior disposition not affected by invalidity of ulterior disposition
Section 31 – Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
Section 32 – Such condition must not be invalid
Section 33 – Transfer conditional on performance of act, no time being specified for performance
Section 34 – Transfer conditional on performance of act, time being specified
Section 35 – Election when necessary
Section 36 – Apportionment of periodical payments on determination of interest of person entitled
Section 37 – Apportionment of benefit of obligation on severance
Section 38 – Transfer by person authori sed only under certain circumstances to transfer
Section 39 – Transfer where third person is entitled to maintenance
Section 40 – Burden of obligation imposing restriction on use of land, or of obligation annexed to ownership but not amounting to interest or easement
Section 41 – Transfer by ostensible owner
Section 42 – Transfer by person having authority to revoke former transfer
Section 43 – Transfer by unauthorised person who subsequently acquires interest in property transferred
Section 44 – Transfer by one co-owner
Section 45 – Joint transfer for consideration
Section 46 – Transfer for consideration by persons having distinct interests
Section 47 – Transfer by co-owners of share in common property
Section 48 – Priority of rights created by transfer
Section 49 – Transferee’s right under policy
Section 50 – Rent bona fide paid to holder under defective title
Section 51 – Improvements made by bona fide holders under defective titles
Section 52 – Transfer of property pending suit relating thereto
Section 53 – Fraudulent transfer
Section 53A – Part performance
Section 54 – “Sale” defined
Section 55 – Rights and liabilities of buyer and seller
Section 56 – Marshalling by subsequent purchaser

Chapter III: CHAPTER III

Section 57 – Provision by Court for incumbrances and sale freed therefrom (omitted/repealed)
Section 58 – Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined
Section 59 – Mortgage when to be by assurance
Section 59A – References to mortgagors and mortgagees to include persons deriving title from them

Chapter IV: CHAPTER IV

Section 60 – Right of mortgagor to redeem
Section 60A – Obligation to transfer to third party instead of re -transference to mortgagor
Section 60B – Right to inspection and production of documents
Section 61 – Right to redeem separately or simultaneously
Section 62 – Right of usufructuary mortgagor to recover possession
Section 63 – Accession to mortgaged property
Section 63A – Improvements to mortgaged property
Section 64 – Renewal of mortgaged lease
Section 65 – Implied contracts by mortgagor
Section 65A – Mortgagor‟s power to lease
Section 66 – Waste by mortgagor in possession
Section 67 – Right to foreclosure or sale
Section 67A – Mortgagee when bound to bring one suit on several mortgages
Section 68 – Right to sue for mortgage-money
Section 69 – Power of sale when valid
Section 69A – Appointment of receiver
Section 70 – Accession to mortgaged property
Section 71 – Renewal of mortgaged lease
Section 72 – Rights of mortgagee in possession
Section 73 – Right to proceeds of revenue sale or compensation on acquisition
Section 74 – [Repealed.] (omitted/repealed)
Section 75 – [Repealed.] (omitted/repealed)
Section 76 – Liabilities of mortgagee in possession
Section 77 – Receipts in lieu of interests
Section 78 – Postponement of prior mortgagee
Section 79 – Mortgage to secure uncertain amount when maximum is expressed
Section 80 – [Repealed.] (omitted/repealed)
Section 81 – Marshalling securities
Section 82 – Contribution to mortgage-debt
Section 83 – Power to deposit in Court money due on mortgage
Section 84 – Cessation of interest
Section 85 – [Repealed.] (omitted/repealed)
Section 86 – [Repealed.] (omitted/repealed)
Section 87 – [Repealed.] (omitted/repealed)
Section 88 – [Repealed.] (omitted/repealed)
Section 89 – [Repealed.] (omitted/repealed)
Section 90 – [Repealed.] (omitted/repealed)
Section 91 – Persons who may sue for redemption
Section 92 – Subrogation
Section 93 – Prohibition of tacking
Section 94 – Right of mesne mortgagee
Section 95 – Right of redeeming co-mortgagor to expenses
Section 96 – Mortgage by deposit of title-deeds
Section 97 – [Repealed.] (omitted/repealed)
Section 98 – Rights and liabilities of parties to anomalous mortgages
Section 99 – [Repealed.] (omitted/repealed)
Section 100 – Charges
Section 101 – No merger in case of subsequent encumbrance
Section 102 – Service or tender on or to agent
Section 103 – Notice, etc., to or by person incompetent to contract
Section 104 – Power to make rules

Chapter V: OF LEASES OF IMMOVEABLE PROPERTY

Section 105 – Lease defined
Section 106 – Duration of certain leases in absence of written contract or local usage
Section 107 – leases how made
Section 108 – Rights and liabilities of lessor and lessee
Section 109 – Rights of lessor‟s transferee
Section 110 – Exclusion of day on which term commences
Section 111 – Determination of lease
Section 112 – Waiver of forfeiture
Section 113 – Waiver of notice to quit
Section 114 – Relief against forfeiture for non-payment of rent
Section 114A – Relief against forfeiture in certain other cases
Section 115 – Effect of surrender and forfeiture on under-leases
Section 116 – Effect of holding over
Section 117 – Exemption of leases for agricultural purposes

Chapter VI: OF EXCHANGES

Section 118 – “Exchange” defined
Section 119 – Right of party deprived of thing received in exchange
Section 120 – Rights and liabilities of parties
Section 121 – Exchange of money

Chapter VII: OF GIFTS