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TPA · In force

The Transfer of Property Act, 1882

Sale, lease, mortgage and gift of property.

129 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. II — [1]
  3. 1The Illustrations omitted by Act 20 of 1929, s. 11
  4. I — PRELIMINARY
  5. 2Repeal of Acts. Saving of certain enactments, incidents, rights, liabilities, etc
  6. 3The word "Hindu" omitted by s. 3, ibid
  7. 4Enactments relating to contracts to be taken as part of Contract Act and supplemental to the Registration Act
  8. VII — OF GIFTS
  9. 5Assignment of rights under policy of insurance against fire
  10. V — OF LEASES OF IMMOVEABLE PROPERTY
  11. 6Duration of certain leases in absence of written contract or local usage
  12. II — [1]
  13. 7Persons competent to transfer
  14. 8Operation of transfer
  15. 9Oral transfer
  16. 10Condition restraining alienation
  17. 11Restriction repugnant to interest created
  18. 12Condition making interest determinable on insolvency or attempted alienation
  19. 13Transfer for benefit of unborn person
  20. 14Rule against perpetuity
  21. 15Transfer to class some of whom come under sections 13 and 14
  22. 16Transfer to take effect on failure of prior interest
  23. 17Direction for accumulation
  24. 18Transfer in perpetuity for benefit of public
  25. 19Vested interest
  26. 20When unborn person acquires vested interest on transfer for his benefit
  27. 21Contingent interest
  28. 22Transfer to members of a class who attain a particular age
  29. 23Transfer contingent on happening of specified uncertain event
  30. 24Transfer to such of certain persons as survive at some period not specified
  31. 25Conditional transfer
  32. 26Fulfilment of condition precedent
  33. 27Conditional transfer to one person coupled with transfer to another on failure of prior disposition
  34. 28Ulterior transfer conditional on happening or not happening of specified event
  35. 29Fulfilment of condition subsequent
  36. 30Prior disposition not affected by invalidity of ulterior disposition
  37. 31Condition that transfer shall cease to have effect in case specified uncertain event happens or does not happen
  38. 32Such condition must not be invalid
  39. 33Transfer conditional on performance of act, no time being specified performance
  40. 34Transfer conditional on performance of act, time being specified
  41. 35Election when necessary
  42. 36Apportionment of periodical payments determination of interest of person entitled
  43. II — OF TRANSFERS OF PROPERTY BY ACT OF PARTIES
  44. 37Apportionment of benefit of obligation on severance
  45. II — [1]
  46. 38Transfer by person authorised only under certain circumstances to transfer
  47. 39Transfer where third person is entitled to maintenance
  48. 40Burden of obligation imposing restriction on use of land
  49. 41Transfer by ostensible owner
  50. 42Transfer by person having authority to revoke former transfer
  51. 43Transfer by unauthorised person who subsequently acquires interest in property transferred
  52. 44Transfer by one co-owner
  53. 45Joint transfer for consideration
  54. 46Transfer for consideration by persons having distinct interests
  55. 47Transfer by co-owners of share in common property
  56. 48Priority of rights created by transfer
  57. 49Transferee's right under policy
  58. 50Rent
  59. 51Improvements made by
  60. 52Transfer of property pending suit relating thereto
  61. 53Fraudulent transfer
  62. III — OF SALES OF IMMOVEABLE PROPERTY
  63. 54"Sale" defined
  64. 55Rights and liabilities of buyer and seller
  65. 57Provision by Court for incumbrances and sale freed therefrom
  66. IV — OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
  67. 58"Mortgage", "mortgagor", "mortgagee", "mortgage-money"and "mortgagedeed"defined
  68. IV — O F M ORTGAGES OF IMMOVEABLE P ROPERTY AND C HARGES
  69. 59Mortgage when to be by assurance
  70. 59AReferences to mortgagors and mortgagees to include persons deriving title from them
  71. IV — OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
  72. 60Right of mortgagor to redeem
  73. IV — O F M ORTGAGES OF IMMOVEABLE P ROPERTY AND C HARGES
  74. 60BRight to inspection and production of documents
  75. 62Right of usufructuary mortgagor to recover possession
  76. IV — OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
  77. 63Accession to mortgaged property
  78. IV — O F M ORTGAGES OF IMMOVEABLE P ROPERTY AND C HARGES
  79. 64Renewal of mortgaged lease
  80. 65Implied contracts by mortgagor
  81. 65AMortgagor's power to lease
  82. 66Waste by mortgagor in possession
  83. 67Right to foreclosure or sale
  84. 67AMortgagee when bound to bring one suit on several mortgages
  85. 68Right to sue for mortgage-money
  86. 69Power of sale when valid
  87. 69AAppointment of receiver
  88. 70Accession to mortgaged property
  89. 71Renewal of mortgaged lease
  90. 72Rights of mortgagee in possession
  91. 73Right to proceeds of revenue sale or compensation on acquisition
  92. 76Liabilities of mortgagee in possession
  93. 77Receipts in lieu of interest
  94. 78Postponement of prior mortgagee
  95. 79Mortgage to secure uncertain amount when maximum is expressed
  96. 81Marshalling securities
  97. 82Contribution to mortgage-debt
  98. IV — OF MORTGAGES OF IMMOVEABLE PROPERTY AND CHARGES
  99. 83Power to deposit in Court money due on mortgage
  100. IV — O F M ORTGAGES OF IMMOVEABLE P ROPERTY AND C HARGES
  101. 84Cessation of interest
  102. 91Persons who may sue for redemption
  103. 92Subrogation
  104. 93Prohibition of tacking
  105. 94Rights of mesne mortgagee
  106. 96Mortgage by deposit of title-deeds
  107. 98Rights and liabilities of parties to anomalous mortgages
  108. 100Charges
  109. 101No merger in case of subsequent encumbrance
  110. 102Service or tender on or to agent
  111. 103Notice, etc., to or by person incompetent to contract
  112. 104Power to make rules
  113. V — OF LEASES OF IMMOVEABLE PROPERTY
  114. 105Lease defined
  115. 106Duration of certain leases in absence of written contract or local usage
  116. 107Leases how made
  117. 108Rights and liabilities of lessor and lessee
  118. 109Rights of lessor's transferee
  119. 110Exclusion of day on which term commences
  120. 111Determination of lease
  121. 112Waiver of forfeiture
  122. 113Waiver of notice to quit
  123. 114Relief against forfeiture for non-payment of rent
  124. 114ARelief against forfeiture in certain other cases
  125. 115Effect of surrender and forfeiture on under-leases
  126. 116Effect of holding over
  127. 117Exemption of leases for agricultural purposes
  128. VI — OF EXCHANGES
  129. 118"Exchange" defined
  130. 120Rights and liabilities of parties
  131. 121Exchange of money
  132. VII — OF GIFTS
  133. 122"Gift" defined
  134. 123Transfer how effected
  135. 124Gift of existing and future property
  136. 125Gift to several, of whom one does not accept
  137. 126When gift may be suspended or revoked
  138. 127Onerous gifts
  139. 128Universal donee
  140. 129Saving of donations
  141. 130Transfer of actionable claim
  142. 131Notice to be in writing, signed
  143. 132Liability of transferee of actionable claim
  144. 133Warranty of solvency of debtor
  145. 134Mortgaged debt
  146. 135Assignment of rights under policy of insurance against fire
  147. 136Incapacity of officers connected with Courts of Justice
  148. 137Saving of negotiable instruments, etc