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Transfer of Property Act, 1882

Topic Serial # Content Case Law
 

PREAMBLE

 
0 PREAMBLE
 

CHAPTER 1

 
 

PRELIMINARY

 
1 Short title, Commencement, Extent Case Law
2 Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc
3 Interpretation clause
4 Enactments relating to contracts to be taken as part of Contract Act Case Law
 

CHAPTER II

 
 

OF TRANSFERS OF PROPERTY BY ACT OF PARTIES

 
 

(A) Transfer of Property, whether moveable or immovable

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

CHAPTER III

 
 

OF SALES OF IMMOVABLE PROPERTY

 
54 Sale defined Case Law
55 Rights and liabilities of buyer and seller Case Law
56 Marshalling by subsequent purchaser
57 Provision by Court for incumbrance and sale freed therefrom Case Law
 

CHAPTER IV

 
 

OF MORTGAGES OF IMMOVABLE PROPERTY AND CHARGES

 
58 ‘Mortgage’ ‘mortgagor’ ‘mortgagee,’ ‘mortgage-money’ and ‘mortgage’ defined, Case Law
59 Mortgage when to be by assurance Case Law
59 59-A References to mortgagors and mortgagees to include persons deriving title from them
60 Right of mortgagor to redeem Case Law
60 60-A Obligation to transfer to third party instead of re-transference to mortgagor
60 60-B Right to inspection and production of documents
61 Right to redeem separately or simultaneously
62 Right of usufructuary mortgagor to recover possession
63 Accession to mortgaged property
63 63-A Improvements to mortgaged property Case Law
64 Renewal of mortgaged lease
65 Implied contracts by mortgagor
65 65-A Mortgagor’s power to lease
66 Waste by mortgagor in possession
67 Right to foreclosure or sale Case Law
67 67-A Mortgagee when bound to bring one suit on several mortgages
68 Right to sue for mortgage-money
69 Power of sale valid
69 69-A Appointment of receiver
70 Accession to mortgaged property
71 Renewal of mortgaged lease
72 Rights of mortgagee in possession
73 Right to proceeds of revenue sale or compensation on acquisition
74 Right of subsequent mortgagee to pay off prior mortgagee
75 Rights of mesne mortgagee against prior and subsequent mortgagees
76 Liabilities of mortgagee in possession
77 Receipts in lieu of interest
78 Postponement of prior mortgagee
79 Mortgage to secure uncertain amount when maximum is expressed
80 Tacking abolished
81 Marshalling securities
82 Contribution to mortgage-debt
83 Power to deposit in Court money due on mortgage
84 Cessation of interest
85 Parties to suits for Foreclosure, sale and redemption
86 86 to 90 Repealed by the
91 Persons who may sue for redemption Case Law
92 Subrogation Case Law
93 Prohibition of tacking
94 Rights of mesne mortgagee
95 Right of redeeming co-mortgagor to expenses
96 Mortgage by deposit of title-deeds
97 Application of proceeds
98 Rights and liabilities of parties to anomalous mortgages
99 Attachment of mortgaged property
100 Charges
101 No merger in case of subsequent encumbrance
102 Service or tender on or to agent
103 Notice, etc., to or by person incompetent to contract
104 Power to make rules
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