Transfer of Property Act

88 indexed judgments cite this act. Sections below link to the judgments in the corpus that rely on them, alongside a recently decided selection.

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Section 19.1984 videNotification No. S.O. 643(E), dated 24-8-1984, Gazette of India, Extraordinary, Pt. II, sec.
Section 2For the repealed provisions, as re-enacted, see (Act 5 of 1908), Sch. I, Order XXXIV, rules 12 and 13.
Section 3Subs. by Act 20 of 1929, s. 59, for section 119.
Section 4Enactments relating to contracts to be taken as part of Contract Act and supplemental to the
Section 5“Transfer of property” defined.—In the following sections “transfer of property” means an act
Section 6Subs. by s. 25, ibid., for “the principal money”.
Section 7The words “or Rangoon” have been successively amended by Acts 6 of 1904, 11 of 1915, 20 of 1929, the A.O. 1937 and the
Section 8The word “Government” successively adapted by the A.O. 1937 and the A.O. 1950 to read as above.
Section 9Subs. by s. 15, ibid., for section 53.
Section 10Condition restraining alienation.—Where property is transferred subject to a
Section 11Restriction repugnant to interest created.—Where, on a transfer of property, an
Section 12Condition making interest determinable on insolvency or attempted alienation.—
Section 13Transfer for benefit of unborn person.—Where,on a transfer of property, an
Section 14Rule against perpetuity.—No transfer of property can operate to create an interest which is to
Section 15Transfer to class some of whom come under sections 13 and 14.—If, on a transfer of property,
Section 17Direction for accumulation.—(1) Where the terms of a transfer of property direct that the
Section 18Transfer in perpetuity for benefit of public.—The restrictions in sections 14, 16 and
Section 19Vested interest.—Where, on a transfer of property, an interest therein is created in favour
Section 20When unborn person acquires vested interest on transfer for his benefit.—Where, on
Section 21Contingent interest.
Section 22Transfer to members of a class who attain a particular age.—Where, on a transferof
Section 23Transfer contingent on happening of specified uncertain event.—Where, on a transferof
Section 24Transfer to such of certain persons as survive at some period not specified.
Section 25Conditional transfer.—An interest created on a transfer of property and dependent upon a
Section 26Fulfilment of condition precedent.—Where the terms of a transfer of property impose a
Section 27Conditional transfer to one person coupled with transfer to another on failure of prior
Section 28Ulterior transfer conditional on happening or not happening specified event.—On a transfer
Section 29Fulfillment of condition subsequent.—An ulterior disposition of the kind contemplated by the
Section 30Prior disposition not affected by invalidity of ulterior disposition.—If the ulterior disposition
Section 31Condition that transfer shall cease to have effect in case specified uncertain event happens
Section 32Such condition must be invalid.—In order that a condition that an interest shall cease to exist
Section 33Transfer conditional on performance of act, no time being specified for performance.
Section 34Transfer conditional on performance of act, time being specified.—Where an act is to be
Section 35Election: Election when necessary.—Where a person professes to transfer property which he
Section 36Apportionment of periodical payments determination of interest of person entitled.—In the
Section 37Apportionment of benefit of obligation on severance.
Section 38Transfer by person authorised only under certain circumstances to transfer.—Where any
Section 39Transfer where third person is entitled to maintenance.—Where a third person has a right to
Section 40Burden of obligation imposing restriction on use of land, or of obligation annexed to
Section 41Transfer by ostensible owner.—Where, with the consent, express or implied, of the persons
Section 42Transfer by person having authority to revoke former transfer.—Where a person transfers
Section 43Transfer by unauthorised person who subsequently acquires interest in property
Section 44Transfer by one co-owner.—Where one of two or more co-owners of immoveable property
Section 45Joint transfer for consideration.—Where immoveable property is transferred for consideration
Section 46Transfer for consideration by persons having distinct interests.—Where immoveable property
Section 47Transfer by co-owners of share in common property.—Where several co-owners of
Section 48Priority of rights created by transfer.—Where a person purports to create by transfer at
Section 49Transferee’s right under policy.—Where immoveable property is transferred for consideration,
Section 50Rent bona fide paid to holder under defective title.
Section 51Improvements made by bona fide holders under defective titles.—When the transferee of
Section 52Transfer of property pending suit relating thereto.—During the 1[pendency] in any
Section 53Fraudulent transfer
Section 54“Sale” defined.
Section 55Rights and liabilities of buyer and seller.—In the absence of a contract to the contrary,
Section 57Provision by Court for incumbrances, and sale freed therefrom.—(a) Where immoveable
Section 58“Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed”
Section 59Mortgage when to be by assurance—Where the principal money secured is one hundred
Section 60Right of mortgagor to redeem.—At any time after the principal money has become 9[due],
Section 62Right of usufructuary mortgagor to recover possession.—In the case of a usufructuary
Section 63Accession to mortgaged property.
Section 64Renewal of mortgaged lease.—Where the mortgaged property is a lease 3***, and
Section 65Implied contracts by mortgagor.—In the absence of a contract to the contrary, the
Section 66Waste by mortgagor in possession.—A mortgagor in possession of the mortgaged
Section 67Right to foreclosure or sale.—In the absence of a contract to the contrary, the mortgagee
Section 69Power of sstie when valid.— 4[(1)] 5[ 6*** a mortgagee, or any person acting on his
Section 70Accession to mortgaged property.—If, after the date of a mortgage, any accession is
Section 71Renewal of mortgaged lease.—When the mortgaged property is as lease 1***, and the
Section 72Rights of mortgagee in possession.—2[A mortgagee] may spend such money as is
Section 74[Right of subsequent mortgagee to pay off prior mortgagee.] Rep. by the Transfer of
Section 75[Rights of mesne mortgagee against and subsequent mortgagees.] Rep. by s. 39,
Section 76Liabilities of mortgagee in possession.—When, during the continuance of the mortgage, the
Section 77Receipts in lieu of interest.—Nothing in section 76, clauses (b), (d), (g) and (h), applies
Section 78Postponement of prior mortgagee.—Where, through the fraud, misrepresentation or
Section 79Mortgage to secure uncertain amount when maximum is expressed.—If a mortgage
Section 80[Tacking abolished.] Rep. by the Transfer of Property (Amendment) Act, 1929 (20 of
Section 82Contribution to mortgage-debt.—2[Where property subject to a mortgage belongs to
Section 83Power to deposit in Court money due on mortgage.—At any time after the principal
Section 84Cessation of interest.—When the mortgagor or such other person as aforesaid has
Section 85[Parties to suits for foreclosure, sale and redemption] Rep. by the Code of Civil Procedure, 1908
Section 86[Decree of foreclosure suit.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908),
Section 87[Procedure in case of payment of amount due.] Rep. by s. 156 and the fifth Schedule,
Section 88[Repealed.].
Section 89[Procedure when defendant pay amount due.] Rep. by s. 156 and the fifth Schedule,
Section 90[Recovery of balance due on mortgage.] Rep. by s. 156 and the fifth Schedule, ibid.
Section 93Prohibition of tacking.—No mortgagee paying off a prior mortgage, whether with or
Section 94Rights of mesne mortgagee.—Where a property is mortgaged for successive debts to successive
Section 96Mortgage by deposit of title-deeds.—The provisions hereinbefore contained which apply to a
Section 98Rights and liabilities of parties to anomalous mortgages.—In the case of 3[an anomalous
Section 99[Attachment of mortgaged property.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s.
Section 100Charges.—Where immoveable property of one person is by act of parties or operation of law
Section 102Service or tender on or to agent.—Where the person on or to whom any notice or tender
Section 103Notice, etc., to or by person incompetent to contract.—Where, under the provisions of
Section 104Power to make rules.—The High Court may, from time to time, make rules consistent
Section 105Lease defined.—A lease of immoveable property is a transfer of a right to enjoy such property,
Section 106Duration of certain leases in absence of written contract
Section 107Leases how made.— A lease of immoveable property from year to year, or for any term
Section 108Rights and liabilities of lessor and lessee.— In the absence of a contract or local
Section 109Rights of lessor’s transferee.— If the lessor transfers the property leased, or any part thereof, or
Section 110Exclusion of day on which term commences.
Section 111Determination of lease.—A lease of immoveable property determines—
Section 112Waiver of forfeiture.—A forfeiture under section 111, clause (g) is waived by
Section 113Waiver of notice to quit.—A notice given under section 111, clause (h), is waived, with the
Section 114Relief against forfeiture for non-payment of rent.
Section 115Effect of surrender and forfeiture on under-leases.— The surrender, express or implied,
Section 116Effect of holding over.—If a lessee or under-lessee of property remains in possession
Section 117Exemption of leases for agricultural purposes.—None of the provisions of this
Section 118“Exchange” defined.—When two persons mutually transfer the ownership of one
Section 120Rights and liabilities of parties.—Save as otherwise provided in this Chapter,
Section 121Exchange of money.—On an exchange of money, each party thereby warrants
Section 122“Gift” defined.—“Gift”
Section 123Transfer how effected.—For the purpose of making a gift of immoveable
Section 124Gift of existing and future property.—A girt comprising both existing and future
Section 125Gift to several, of whom one does not accept.—A gift of a thing to two or more
Section 126When gift may be suspended or revoked.—The donor and done may agree that
Section 127Onerous gifts.—Where a gift is in the form of a single transfer to the same person
Section 128Universal donee.—Subject to the provisions of section 127, where a gift consists
Section 129Saving of donations mortis causa and Muhammadan law.—Nothing is this
Section 130Transfer of actionable claim.—(1) The transfer of an actionable claim 4[whether with
Section 131Notice to be in writing, signed.—Every notice of transfer of an actionable claim shall
Section 132Liability of transferee of actionable claim.—The transferee of an actionable claim shall
Section 133Warranty of solvency of debtor.—Where the transferor of a debt warrants the solvency of
Section 134Mortgaged debt.—Where a debt is transferred for the purpose of securing an existing or
Section 136Incapacity of officers connected with Courts of Justice.—No Judge, legal practitioner, or
Section 137Saving of negotiable instruments, etc.
Section 297[Application of proceeds.] Rep. by the Code of Civil Procedure, 1908 (5 of 1908), s. 156 and the
Section 1908] shall, so far as may be, apply to such application and to the parties thereto and to the
Section 53APart performance
Section 59AReferences to mortgagors and mortgagees to include persons deriving title from
Section 60AObligation to transfer to third party instead of re-transference to mortgagor.
Section 60BRight to inspection and production of documents.—A mortgagor, as long as his right

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